\ 


Ordinance  No.  570. 

An  ordinance  providing  for  the  attendance 
of  witnesses,  and  the  taking  and  forfeit- 
ure of  bonds. 

The  city  of  Walla  Walia  does  ordain  as  fol- 
lows : 

{Section  1,  That  in  the  trial  of  any  cause 
for  the  violation  of  any  city  ordinance,  the 
city  justiee  of  the  peace  may  cause  a sum- 
mons to  be  issued ' summoning  any  person 
within  said  city  to  attend  said  trial  as  a 
witness. 

Sec.  2.  It  shall  be  the  duty  of  any  police 
officer,  when  called  upon  by  the  justice  of 
the  peace  so  to  do,  to  serve  such  summons, 
and  any  person  failing  or  refusing,  without 
good  cause,  to  answer  such  summons  may 
be  arrested  on  a bench  warrant  issued  by 
the  city  justice  and  brought  before  the  said 
justice,  and  may  for  failure  to  answer  said 
summons  be  fined  in  any  sum  not  to  ex- 
ceed five  dollars. 

Sec.  3.  In  case  of  conviction  each  wit- 
ness shall  be  allowed  a fee  for  each  attend- 
ance of  one  dollar  and  the  same  shall  be 
taxed  as  costs  against  the  defendant,  but 
in  no  case,  except  when  otherwise  author- 
ized by  the  council,  shall  the  city  be  held 
liable  for  any  witness  fees. 

Sec.  4.  No  person  in  the  employ  of  the 
city  shall  be  entitled  to  witness  fees. 

Sec.  5.  All  costs  shall  be  certified  to  in 
the  monthly  report  of  the  justice  of  the 
peace  and  sfcalFbe  allowed  and  paid  as 
other  claims  agtfifist  the  city. 

Sec,  6.  The  ciBy  justice  ot  the  peace,  or 
any  regular  police  officer  of  the  city  of 
Walla  Walla,  at  the  time  of  arresting  any 
person  for  - the  violation  of  any  city  ordi- 
nance, may  release  such  person  upon  the 
deposit  of  a cash  bond  with  such  officer 
the  amount  thereof  to  be  fixed  by  the  officer 
making  the  arrest;  provided,  that  in  no 
instance  shall  a bond  of  less  than  five  nor 
more  than  one  hundred  dollars  be  de- 
manded. 

Sec.  7.  At  the  time  of  taking  of  any 
bond  the  officer^receiving  the  same  shall 
cite  the  person  under  arrest  to  appear  for 
trial  before  the  city  justice  of  the  peace  at 
a given  time,  not  more  than  two  days’  time 
distant,  and  shall  also  inform  the  said  per- 
son under  arrest  that  a failure  to  appear 
before  the  lustice  at  the  time  indicated  will 
worK  a forfeiture  of  the  bond. 

Sec  8.  Any  officer  taking  such  bond 
prior  to  the  time  such  person  is  cited  to  ap- 
pear ior  trial,  shall  deposit  the  bond  in  his 
possession  with  the  justice  of  the  ’peace 
and  shall  also  file  a complaint  agaitfst  the 
person  under  arrest,  charging  said  person 
under  his  true  name,  if  the  slme  is  known 
or  can  be  learned  by  the  officer,  with  the 
offense  committed,  and  a failure  so  to  do 
Without  good  excuse,  shall  be  deemed  a 

ofi,  Cause  f0r  the  removal  such 

cited°'unrtPr^h2  lhe  ■a-ilnre  ot  ar"'  Person 
cited,  under  the  provisions  of  this  act  to 

appear  at  the  proper  time  before  the  justice 
of  the  fceace,  the  justice  shall  declare  the 

rS?fd  jf3i^eited  f nd  shali  cause  a bench  war- 
rant td1  issue  for  such  person,  and  if  the 
person  can  be  found  within  the  city  the 

lha  iCh  Sha11  proceed  ^ try  the  person  on 
the  charge  contained  in  the  complaint 
Passed  the  council  September  4,  189g! 

» ,oHN  E-  Williams,  City  Clerk 

Approved  September  4, 1896. 

Jacob  Betz,  Mayor. 


j 


0?r 


\ 


-A f r 

Ordinance  No.  571. 

An  ordinance  providing  for  the  cleaning 
out  and  covering  of  small  streams  and 
ditches  within  the  city  of  Walla  Walla 
The  city  of  WaUa  Waha  does  ordain  as  fol- 
lows: 

Section  1.  That  all  persons  owning  real 
property  within  the  city  of  Walla  Walla 
through,  over  or  .across  which  any  creek 

01ftSn  or  irrigation  ditch,  other 
Mill  Creek  and  Garrison  Creek  passes  shall 
upon  receiving  notice  so  to  do  from  the 
street  commissioner,  clean  out  and  cover 
or  box  such  stream  or  ditch,  or  cause  the 
same  to  be  done;  provided  that  the  board 
of  health  has  first  declared  said  stream  or 
ditch  to  be  foul  and  dangerous  to  the  main- 
tenance of  health  within  the  city. 

Sec.  2.  Said  cover  or  box  shall  consist 
ol  lumber  at  least  two  inches  in  thickness 
or  of  other  material  such  as  may  be  ap- 
proved by  the  street  commissioner. 

Sec.  3.  It  shall  be  the  duty  of  the  street 
commissioner,  acting  in  conjunction  with 
the  board  of  health,  to  notify  all  persons 
owning  property  over,  through  and  across  i 
which  any  stream  or  ditch,  which  has  been 
condemned  as  above  described,  passes, 
which  notice  is  to  be  given  either  person- 
ally or  bv  posting  a notice  for  ten  days  on 
*Te  Property,  that  such  stream  or  ditch 
shall  be  cleaned  out  and  covered,  and 
any  person  or  persons  failing  for  ten  days 
to  properly  clean  out  and  cover  or  box  any 
stream  or  ditch,  as  herein  provided,  after 
being  notified  by  the  street  commissioner 
so  to  do,  shall  be  guilty  of  a misdemeanor, 
and  may  be  fined  in  any  sum  not  to  ex-  i 
ceed  one  hundred  dollars. 

Sec.  4.  It  shall  be  the  duty  of  the  street 
commissioner  to  notify  all  persons  owning 
property  through,  over  and  across  which  i 
streams  or  ditches  as  afore  described  pass  I 
to  clean  out  and  cover  or  box  the  same  in  ' 
accordance  with  the  provisions  of  this  ordi- 
nance, and^  if  any  person  or  persons  fail 
for  the  period  of  ten  days  to  properly  clean 
out  and  box  or  cover  such  stream  or  ditch 
after  being  notified  so  to  do  by  the  street 
commissioner,  the  street  commissioner 
shall  proceed  at  the  expense  of  the  city  to 
perform  said  work,  and  the  cost  thereof 
shall  be  entered  on  the  tax  roll  as,  and 
shall  constitute  a lien  again&t  the  property  i 
over,  through  and  across  which  any  stream 
or  ditch  passes,  which  has  been  cleaned  : 
out,  covered  or  boxed  at  the  expense  of  the 
city,  and  all  amounts  so  charged  up  on  the 
tax  roll  shall  be  collected  in  the  same  man- 
ner as  is  preserved  for  the  collection  of 
taxes. 

Sec.  5.  This  ordinan  e is  to  be  in  force 
from  and  after  its  passage,  approval  and 
publication. 

Passed  the  council  September  4,  1896. 

John  E.  Williams,  City  Clerk. 
Approved  September  4,  1896. 

Jacob  Betz,  Mayor. 


T~1 


An  ordinance  providing  for  the  attendance 
of  witnesses,  and  the  taking  and  forfeit- 
ure of  bonds. 

The  city  of  Walla  Walla  does  ordain  as  fol- 
lows: 

Section  1,  That  in  the  trial  of  any  cause 
for  the  violation  of  any  city  ordinance,  the 
city  jnstiee  of  the  peace  may  cause  a sum- 
mons to  be  issued  summoning  any  person 
within  said  city  "to  attend  said  trial  as  a 
witness. 

Sec.  2.  It  shall  be  the  duty  of  any  police 
officer,  when  called  upon  by  the  justice  of 
the  peace  so  to  do,  to  serve  such  summons, 
and  any  person  failing  or  refusing,  without 
good  cause,  to  answer  such  summons  may 
be  arrested  on  a bench  warrant  issued  by 
the  city  justice  and  brought  before  the  said 
justice,  and  may  for  failure  to  answer  said 
summons  be  fined  in  any  sum  not  to  ex- 
ceed five  dollars. 

Sec.  3.  In  case  of  conviction  each  wit- 
ness shall  be  allowed  a fee  for  each  attend- 
ance of  one  dollar  and  the  same  shall  be 
taxed  as  costs  against  the  defendant,  but 
in  no  case,  except  when  otherwise  author- 
ized by  the  council,  shall  the  city  be  held 
liable  for  any  witness  fees. 

Sec.  4.  No  person  in  the  employ  oi  the 
city  shall  be  entitled  to  witness  fees. 

Sec.  5.  All  costs  shall  be  certified  to  in 
the  monthly  report  of  the  justice  of  the 
peace  and  s&all-ffie  allowed  and  paid  as 
other  claims  against  the  city. 

J Sec,  6.  The  city  justice  ot  the  peace,  or 
any  regular  police  officer  of  the  city  of 
Walla  Walla,  at  th$  time  of  arresting  any 
person  for.  the  yiolation  of  any  city  ordi- 
nance, may  release  such  person  upon  the 
deposit  of  a cash  bond  with  such  officer, 
the  amount  thereof  to  be  fixed  by  the  officer 
making  the  arrest;  provided,  that  in  no 
instance  shall  a bond  of  less  than  five  nor 
more  than  one  hundred  dollars  be  de- 
manded. 

Seu.  7.  At  the  time  of  taking  of  any 
bond  the  officer^receiving  the  same  shall 
cite  the  person  under  arrest  to  appear  for 
trial  before  the  city  justice  of  the  peace  at 
a given  time,  not  more  than  two  days’  time 
distant,  and  sjiall  also  inform  the  said  per- 
son under  arrest  that  a failure  to  appear 
before  the  lustice  at  the  time  indicated  will 
worit  a forfeiture  of  the  bond. 

Sec.  8.  Any  officer  taking  such  bond, 
prior  to  the  time  such  person  is  cited  to  an- 
pear  ior  trial,  shall  deposit  the  bond  in  his 
Sf®1?,11  with  the  justice  of  the  ^peace, 
and  shall  also  file  a complaint  agairfst  the 
person  under  arrest,  charging  said  person 
under  his  true  name,  if  the  same  is  known 
or  can  be  learne*!  by  the  officer,  with  the 
offense  committed,  and  a failure  so  to  do 
^feSg0°d  exfuse*  shail  be  deemed  a 
officer!! 2t  CaUSG  f°r  the  removal  of  such 

cite^'ubdPr^ho  the  -a-ilure  of  anv  Person 
cited,  under  the  provisions  of  this  act  to 

nF^prwthe  ?fop<?r  time  before  the  justice 
hLJH  Pface  the  justice  shall  declare  the 

Fanfd  £$eited  fnd  shali  cause  a bench  war- 
rant ter  issue  -for  such  person,  and  if  the 
person  can  be  found  within  the  city,  t hi 
justice  shall  proceed  to  try  the  person  on 
the  charge  contained  in  the  complaint, 
Massed  the  council  September  4,  1898 

a ,J°HN  E>  Williams,  City  Clerk 

Approved  September  4, 1896.  V 

Jacob  Betz,  Mayor. 


a- 


\ . f,  ‘-“''"wo.  w L 

^ ^barren  of  results  for  his 

| ft'6  '3iQ  ,OWi)0n^ 


1 1*  «"  is 

]>.  f 7 farewell  reception  h 
V/“  rches  citizens  in 

45  iP,reS'°n  and  Mi‘<>  Rath 
“ the  D»yt°a  public 
upon  the! t duties  on 

fcar  Kii>  open  on  the 
®.  '-clay  i.n  procuring 
f 1hey  wil1  be  unable  to 

juilding  this  term. 

Jhardson  has  returned 
|fp  to  Portland. 

, wife  and  daughter  t 
!m  theJr  t^P  to  the 

1 family  accompanied 
nsbee,  of  Walla  Walla, 

:ip  to  the  “Paradise” 

[rs.  Alcorn  and  Mrs. 

Mr.  and  Mrs.  James 


cently  of  Oregon,  has 
here. 

neon  Mrs.  Purrington 
p to  Mrs.  J.  H Hudgin 
ke  her  home  in  Spo 
i and  family  have  lived 
years  and  it  goes  with- 
they  will  be  greatly 


lerson  delightfully  en 
of  friends  on  Tuesday  c 


pa 

te 


ers  of  Mount  Lebanon 
than  anybody  else,  is 
and  how  to  be  healthy, 
led  the  power  of  food, 
ive  to  a ripe  £ld  age. 
igestive  Cordial  is  pj^- 
iakers  from  herbs  and 
;clal  tonic  power  over 


stomach  digest  its 
o Uho.  Ataeueftfa 


fBbd, 


an 


te 


An  Ordinance  to  regulate  the  riding  of  bicycles 
add  tricycles  within  the  city  of  Walla  Walla, 
to  provide  a penalty  for  the  violation  thereof, 
and  to  repeal  inconsistent  ordinances. 

The  city  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  it  shall  be  unlawful  for  any 
person  or  persons  to  ride  a bicycle  or  tricycle 
upon  any  sidewalk  upon  Main  street  or  Alder 
street,  between  the  westerly  line  of  Palouse 
street  and  the  easterly  line  of  Sixth  street,  or 
upon  any  of  the  cross  streets  between  Palouse 
street  and  Sixth  street  extending  from  Rose 
street  to  Alder  street;  and  it  shall  be  unlawful 
for  any  person  or  persons  to  ride  a bicycle  or 
tricycle  up  an  the  south  side  of  Rose  street  be- 
tween Palouse  street  aud  Sixth  street. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or 
persons  to  ride  any  bicycle  or  tricycle  upon  any 
sidewalk  or  foot  p~Th  within  the  city  of  Walla 
Walla  at  a greater  speed  than  six  miles  an  hour, 
and  it  shall  be  unlawful  for  any  person  or  per- 
sons to  ride  a bicycle  or  tricycle  upon  any  of  the 
public  streets  of  said  city  at  a greater  speed 
than  eight  miles  per  hour. 

Sec.  3.  It  shall  be  unlawful  for  any  person 
or  persous  to  ride  a bicycle  unless  the  same  is 
provided  with  a bell  and  it  shall  be  unlawful 
for  any  person  or  persons  to  ride  any  bicycle 
upon  any  of  the  sidewalks  or  foot  paths  or 
streets  within  the  city  when  too  dark  lor 
such  person  to  see  and  distinguish  other  per- 
sons one  hundred  feet  away  unless  there  is  dis- 
played upon  said  bicycle  a lighted  lantern  of 
some  approved  make. 

Sec.  4.  It  shall  be  unlawful  for  any  person  or 
persons  to  r de  any  bicycle  upon  any  sidewalk 
or  foot  path  at  a speed  greater  than  four  miles 
per  hou^,  within  thirty  f-et  of  any  person  wbo 
may  be  walking  or  standing  upon  such  walk  or 
foot  path. 

Sec  5.  It  shall  be  unlawful  for  any  person  or 
persons  tiding  a bicycle  to  approach  nearer  than 
fifty  feet  to  any  person  walking  or  standing 
upon  any  sidewalk  or  foot  path,  unless  said 
rider  shall  not  less  than  fifty  or  more  than  one 


hundred  feet  from  such  person  sound  a signal 
with  the  bell  provided  on  sail  bicycle. 

Sec.  6 It  shall  be  unlawful  for  any  person 
or  persons  to  ride  a bicycle  upon  any  sidewalk 
withing  the  city  past  any  child  under  eight 
years  of  age,  or  any  woman,  but  it  shall  be  th 
duty  of  each  bicycle  rider  to  dismount  at  leas' 
twenty  feet  from  any  such  child,  or  woman. 

Sec.  7.  It  shall  be  unlawful  for  any  person 
or  persons  riding  a bicycle  or  tricycle  upon  any 
sidewalk  or  foot  path  in  the  said  city  to  ap 
proach  within  thirty  feet  of  or  pass  any  street 
or  alley-intersection  at  a greater  speed  than 
four  miles  per  hour,  unless  such  intersection  is 
so  far  free  from  obstruction  that  such  rider  car- 
while  thirty  feet  distant  from  the  intersecting) 
corner,  see  any  foot  passenger,  bicycle  rider,  01 
vehicle,  should  there  be  any  approaching  surf 
intersecting  corner  or  alley,  at  a point  dista~ 
not  more  than  thirty  feet  from  the  intersecti 
corner. 

Sec.  8.  It  shall  be  unlawful  for  any  perse 
or  persons  riding  a biiycle  upon  any  sidewalk  o 
foot  path  within  the  city  of  Walla  Walla  to  pas 
any  street  or  alley  intersecting  said  sidewalk  o 
foot  path  without  sounding  an  alarm  upon  : 
bicycle  bell  at  a point  pot  less  than  fifty  feet  ot 
more  than  100  feet  froth  the  corner  of  intersec 
tion 

Sec.  9.  It  shall  be  unlawful,  on  any  dav  c 
monly  known  as  Sunday,  to  ride  a bicycle  up 
anv  s'idewalk  or  foot  path  within  the  city, 
upon  t e sidewalk  leading  from  the  city  to  tht 
city  cemetery 
Sec.  10  In  the  event  of  a collision  between  . 
bicycle  rider  or  riders  and  any  other  person,  th< 
fact  of  such  collision  shall  be  prima  facie  evi 
dence  that  the  bicycle  rider  or  riders  had  vio 
lated  such  provisions  of  this  ordinance  as  surf 
rider  may  be  charged  with  havin2  violated 
Sec.  11.  It  shall  not  be  unlawful  to  ride  a b: 
cycle,  except  as  by  this  ordinance  prohibited 
and  so  much  of  section  38  of  an  ordinance  con 
cerning  streets,  as  is  in  conflict  with  this  ordi 

nance  is  hereby  repealed. | 

Sec.  12.  Any  person  or  persons  violating  an, 
of  the  provisions  of  this  ordinance  shall,  o: 
conviction  thereof,  be  fined  in  any  sum  not  les 
than  $5.00  or  more  than  $50.00. 

Sec. 13.  This  ordinance  shall  be  in  force  fro~ 
and  after  its  passage,  publication  and  approval 
Passed  the  Council  March  16,  1897. 

TOHN  E)  WIIyTIAMS,  City  Clerk. 
Approved  March  16, 1897^ 

JACOB  BETZ,  Mayor. 


JULIUS  A.  LEVY 


AGENT, 


103  Main  St., 


Walla  Wall 


liivriisirv  nr  ,i 


[ f 


AMENDED  CHARTER 


AND- 


ORDINANCES 


OF  THE- 


City  of  Walla  Walla 

Together  with  General  Laws  of  the  State  of 
Washington  Applicable  Thereto. 


Published  by  Authority  of  the  City  Council. 


COMPILED  AND  ARRANGED  BY  ALEX  MACKAY 
AND  W.  T.  DOVELL. 


I I 


WALLA  WALLA,  WASHINGTON. 
PRESS  OF  THE  WALLA  WALLA  UNION: 
1NOO. 


%£&  I^UL  Vi-  ^ 


Mil 

ifiiivrBirv 


WALLA  WALLA  CITY  CHARTER. 


An  Act  To  Incorporate  the  City  of  Walla  Walla,  and  to 
Particularly  Define  the  Powers  'thereof. 


CHAPTER  I. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  Wash- 
ington: 

Section  i,  That  the  corporate  limits  of  the  City  of  Walla  Walla 
and  the  boundaries  thereof  shall  be  as  follows:  Beginning  at  the  north- 

west corner  of  the  northeast  quarter  of  the  northwest  quarter  of  section 
nineteen  (19,)  township  seven  (7,)  north  of  range  tliiry-six  (36,)  east 
Willamette  meridian;  thence  south  on  sub-division  lines  to  the  north 
boundary  of  the  United  States  Military  Reserve;  thence  northeasterly 
along  said  boundary  to  the  northeast  corner  of  said  Reserve;  thence 
southeasterly  along  the  eastern  boundary  of  said  Reserve  to  the  south 
boundary  of  the  northeast  quarter  of  the  southeast  quarter  of  section 
thirty  (30;)  thence  east  on  sub-division  lines  to  the  southeast  corner  of 
the  northwest  quarter  of  the  southwest  quarter  of  section  twenty-eight 
(28;)  thence  north  on  sub-division  lines  to  the  northeast  corner  of  the 
southwest  quarter  of  the  northwest  quarter  of  section  twenty-one  (21;) 
thence  west  on  sub-division  lines  to  the  northeast  corner  of  the  south- 
west quarter  of  the  northeast  quarter  of  section  twenty  (20;)  thence  north 
on  sub-division  line  to  the  northeast  corner  of  the  northwest  quarter  of 


I I 7929  i 


J 


6 CITY  CHARTER, 

the  northeast  quarter  of  section  twenty  (20)  and  on  north  boundary  of 
said  section;  thence  west  on  north  boundaries  of  sections  twenty  (20) 
and  nineteen  (19,)  to  the  place  of  beginning. 

SEC.  2.  The  inhabitants  within  the  City  of  Walla  Walla  are  hereby 
constituted  and  declared  to  be  a municipal  corporation  by  the  name  and 
style  of  the  “ City  of  Walla  Walla,”  and  by  that  name  shall  have  per- 
petual succession,  and  may  sue  or  be  sued,  plead  or  be  impleaded  in  all 
courts  of  justice,  contract  and  be  contracted  with,  and  have  and  use  a 
common  seal,  and  alter  the  same  at  pleasure. 


CHAPTER  II. 

POWERS  OF  THE  CORPORATION. 

Section  3.  The  City  of  Walla  Walla  has  power  to  assess,  levy  and 
collect  taxes  for  general  municipal  purposes,  not  to  exceed  one-half  per 
centum  per  annum,  upon  all  property,  both  real  and  personal,  within 
the  city  which  is  by  law  taxable  for  territorial  and  county  purposes,  and 
to  levy  and  collect  special  taxes  as  hereinafter  provided,  but  all  taxes 
for  general  and  special  municipal  purposes  shall  not  exceed  in  any  year 
one  and  one-half  per  centum  on  the  property  assessed.  Provided,  how- 
ever, that  the  above  limitations  shall  not  apply  to  local  assessments  in 
assessment  districts. 

SEC.  4.  The  City  of  Walla  Walla  shall  have  power  to  make  regula- 
tions for  prevention  of  accidents  by  fire.  To  organize  and  establish  fire 
departments,  and  shall  have  control  thereof,  and  ordain  rules  for  the 
government  of  the  same.  To  provide  fire  engines  and  other  apparatus, 
and  a sufficient  supply  of  water,  and  to  levy  and  collect  special  taxes  for 
these  purposes,  not  to  exceed  in  any  year  three-tenths  of  one  per  centum 
upon  the  taxable  property  within  the  city,  and  on  petition  of  the  owners 
of  one-half  of  the  ground  included  within  any  prescribed  limits  within 
the  city,  to  prohibit  the  erection  within  such  limits  of  any  building,  or 
any  addition  to  any  building,  unless  the  outer  walls  thereof  be  made  of 
brick  and  mortar  and  iron,  or  stone  and  mortar,  and  to  provide  for  the 
removal, of  any  building,  or  any  addition  erected  contrary  to  such  pro- 
liibiton.1 

SEC.  5.  The  City  of  Walla  Walla  may  regulate  and  provide  as  to 
the  manner  in  which  all  lands  and  additions  to  the  city  shall  be  sub- 

1 Such  a grant  of  power  held  sufficient  to  entitle  city  to  pass  fire  limit  ordinance. 
Olympia  v.  Mann,  1 Wash.,  389.  As  to  right  of  council  to  define  limits  under  such 
power,  see  Dillon  on  Mun.  Corp.,  p.  94*5- 


I I f:  1 1 

Dmi  mm.  or 


WALLA  WALLA,  WASH.  7 


divided  into  lots,  blocks,  streets  and  alleys,  and  the  width,  distance 
apart  and  direction  of  each  street  and  alley,  and  the  manner  in  which  a 
plat  shall  be  made  thereof  and  where  filed,  and  the  kind  of  monuments 
in  all  parts  of  the  city,  and  place  and  manner  of  erection  and  mainten- 
ance thereof,  to  prevent  mistakes  and  confusion  of  boundaries,  and  may 
cause  an  official  map  of  said  City  to  be  made  and  kept  for  public  in- 
spection, which  plat  certified  by  the  City  Surveyor,  shall  be  prima  facie 
evidence  that  the  lines  as  they  appear  thereon  are  correct,  and  all  sur- 
veys made  b}'  the  City  Surveyor  whatever,  at  the  instance  and  expense 
of  the  City,  or  private  parties,  shall  be  official  surveys,  and  a minute 
thereof  shall  be  kept  by  the  City  Surveyor  as  a part  of  his  official 
records,  and  shall  be  prima  facie  evidence  of  their  own  correctness,  and 
the  City  has  power  to  enforce  this  by  ordinance,  and  to  compel  the  es- 
tablishment and  maintenance  of  such  monuments,  and  to  fine  or  im- 
prison, or  both,  for  a violation  thereof,  and  when  the  boundary  or  ex- 
istence of  any  public  street,  alley,  basement  or  square  is  in  doubt,  and 
the  land  claimed  by  a private  party,  the  City  may  file  a bill  in  equity  to 
determine  the  right  thereto.1 

SEC.  6.  The  City  of  Walla  Walla  has  power  to  purchase,  or  con- 
demn, and  enter  upon  and  take  any  lands  within  or  without  its  terri- 
torial limits  for  public  squares,  streets,  parks,  commons,  cemeteries, 
hospital  grounds  or  to  be  used  for  work  houses,  or  houses  of  correction, 
or  any  other  proper  and  legitimate  municipal  purpose,  and  to  enclose, 
ornament  and  improve  the  same,  and  to  erect  necessary  public  build- 
ings thereon,  and  for  these  purposes  may  levy  and  collect  special  taxes, 
not  exceeding  one-fifth  of  one  per  cent  in  any  year.  The  City  shall 
have  entire  control  of  such  buildings,  and  all  land  purchased,  or  con- 
demned, under  the  provisions  of  this  section,  and  of  all  streets,  high- 
ways, squares  and  other  public  grounds  within  its  limits,  established  or 
appropriated  to  public  use  by  authority  of  law,  or  which  have  been,  or 
may  be  hereafter,  dedicated  to  public  use  by  any  person  or  persons,  and 
has  power  to  regulate  and  improve  the  same,  and  in  case  such  lands  are 
deemed  unsuitable  or  insufficient  for  the  purpose  intended,  to  dispose  of 
and  convey  the  same*  and  conveyances  of  such  property  executed  in  the 
manner  that  may  be  prescribed  by  ordinance,  shall  be  held  to  extinguish 
all  rights  and  claims  of  said  City  on  the  public,  existing  prior  to  such 
conveyance,  but  when  such  lands  are  so  disposed  of,  and  conveyed, 
enough  thereof  shall  be  reserved  for  streets  to  accommodate  adjoining 
property  owners.2 

SEC.  7.  Thv.  City  of  Walla  Walla  has  power  to  provide  for  the  light- 
ing of  streets,  and  furnishing  the  City  with  lights,  and  for  the  erection 

1 See  title  IX,  chap.  XII,  Hill’s  Code,  (Supra). 

2 See  I,aws  1890,  p.  294,  (Supra). 


8 


CITY  CHARTER, 


or  construction  of  such  works  as  maj  be  necessary  and  convenient  there- 
for, and  has  power  to  levy  and  collect  for  these  objects  a special  tax  not 
exceeding  one-fifth  of  one  per  centum  per  annum  upon  the  taxable  prop- 
erty within  the  limits  of  the  City  for  the  benefit  of  such  lights. 

SEC.  8.  The  City  of  Walla  Walla  shall  have  power  to  provide  for 
clearing,  opening,  vacating,  graveling, improving  and  repairing  of  streets, 
highways  and  alleys,  to  gutter  the  same  and  to  construct  and  repair  side- 
walks, and  build  bridges  and  for  the  prevention  and  removal  of  all  ob- 
structions therefrom,  or  from,  any  cross  or  sidewalk,  also  to  regulate 
cellar  ways,  and  cellar  lights,  or  sidewalks  within  the  city,  and  to  pro- 
vide for  cleaning  the  streets  and  to  establish  the  grade  thereof,  also  for 
constructing  sewers  and  cleaning  and  repairing  the  same,  and  have  power 
to  assess,  levy  and  collect  each  year  a road  poll  tax  of  not  less  than  two 
nor  more  than  six  dollars  on  every  male  inhabitant  of  the  city  between 
the  ages  of  twenty-one  and  fifty  years,  except  actual  and  exempt  mem- 
bers of  the  fire  department,  and  except  persons  that  are  a public  charge, 
also  a special  tax  on  property  of  not  less  than  two  nor  more  than  six 
mills  on  every  dollar’s  worth  of  property  within  the  citv  which  taxes 
shall  be  expended  for  the  purposes  specified  in  this  section,  and  there 
shall  not  be  levied  or  collected  by  the  County  of  Wal!a  Walla  or  the 
officers  thereof  any  road  tax  or  road-poll  tax  upon  the  property  or  inhabi- 
tants within  said  city. 

SEC.  9.  The  City  of  Walla  Walla  shall  have  power  to  cause  every 
person  to  keep  his  property  or  the  property  he  occupies  or  controls  and 
the  adjacent  streets  and  alleys  clean  and  free  from  all  things  dangerous 
to  health  or  offensive  to  the  senses  or  dangerous  to  travelers,  and  to 
keep  said  streets  and  alleys  free  from  inflammable  material  and  to 
cause  owners  of  public  halls  and  other  buildings  to  provide  suitable 
means  of  exit,  to  abate  all  nuisances  and  provide  for  the  public  safety. 

SEC.  10.  The  City  of  Walla  Walla  is  hereby  authorized  to  grant  the 
right  to  use  the  streets  of  said  city  for  the  purpose  of  laying  gas  and 
other  pipes  intended  to  furnish  the  inhabitants  of  said  cit}’’  with  light  or 
water  to  any  persons  or  association  of  persons  for  a term  not  exceeding 
twenty-five  years,  and  to  authorize  or  forbid  the  location  and  laying 
down  of  tracks  for  railways  and  street  railways,  telegraph  and  telephone 
appliances  on  all  streets,  alleys  and  public  places,  but  no  railway  track 
can  thus  be  located  and  laid  down  until  after  the  injury  to  streets,  alleys 
and  to  property  abutting  upon  the  street,  alley  or  public  place  upon 
which  such  track  is  proposed  to  be  located  and  laid  down  has  been  as- 
certained and  compensated  in  the  manner  provided  for  compensation  of 
injuries  arising  from  regrade  of  streets  in  Section  99  of  this  Act.  Pro- 
vided always  that  none  of  the  rights  or  privileges  herein  granted  shall 
be  exclusive  nor  prevent  the  council  from  granting  the  same  right  to 
others. 


WALLA  WALLA,  WASH 


9 


Sec.  ii.  The  City  of  Walla  Walla  shall  have  power  to  erect  and 
maintain  water-works  within  or  without  the  City  limits  or  to  authorize 
the  erection  of  the  same  for  the  purpose  of  furnishing  the  city,  or  the 
inhabitants  thereof,  with  a sufficient  supply  of  water  and  for  the  purpose 
of  maintaining  and  protecting  the  same  from  injury,  and  the  water  from 
pollution,  its  jurisdiction  shall  extend  over  the  territory  occupied  by 
such  works  and  all  reservoirs,  streams  springs,  trenches,  pipes  and  drains 
used  in  and  necessary  for  the  construction,  maintenance  and  operation 
of  the  same,  and  over  the  stream  or  source  from  which  the  water  is  taken 
for  five  miles  above  the  point  from  which  it  is  taken,  and  to  enact  all 
ordinances  and  regulations  necessary  to  carry  the  power  herein  conferred 
into  effect,  but  no  water  works  shall  be  erected  by  the  city  until  amajor- 
itv  of  the  voters,  who  shall  be  those  only  who  are  freet  olders1  in  the  city, 
or  pay  a property  tax  therein,  on  not  less  than  five  hundred  dollar’s 
worth  of  property,  shall  at  a general  or  special  election  vote  for  the  same. 
Such  proposition  shall  be  formulated  and  submitted  not  less  than  thirty 
days  before  election. 

Sec.  12.  Said  City  is  hereby  authorized  and  empowered  to  con- 
demn and  appropriate  so  much  private  property  as  shall  be  necessary 
for  the  construction  and  operation  of  such  water  works  and  shall  have 
power  to  purchase  or  condemn  water  works  already  erected,  or  which 
may  be  erected,  and  may  mortgage  or  hypothecate  the  same  to  secure 
to  the  persons  from  whom  the  same  may  be  purchased  the  payment  of 
the  purchase  price  thereof,  said  city  shall  have  power  to  regulate  and 
sell  the  water  thus  brought  therein,  and  the  moneys  arising  therefrom 
shall  constitute  a fund  to  be  used  to  defray  the  expenses  of  operating 
the  .same  and  to  pay  the  purchase  price  thereof,  and  said  city  may  levy 
and  collect  a .special  tax  each  year  until  the  necessity  therefor  ceases  to 
exist,  not  to  exceed  two-tenths  of  one  per  centum.  Provided,  however, 
no  such  tax  shall  be  levied  or  collected  until  the  question  has  been  sub- 
mitted, as  provided  in  Section  Eleven  (n)  of  this  Act,  to  electors  as  there- 
in named,  and  a majority  thereof  at  an  2election  shall  favor  the  same. 

SEC.  13.  The  City  of  Walla  Walla  shall  have  power  to  provide  for, 
and  by  ordinance  adopt  such  a system  of  sewerage,  as  may  be  needed, 
but  no  moneys  shall  be  expended  for  pipes,  mains  or  material  to  be  used 
therefor  until  the  system  proposed,  and  the  cost  therefor  has  been  as- 
certained and  submitted  for  ratification  or  rejection  to  the  qualified 
voters,  as  prescribed  in  section  12,  of  said  City  at  an  annual  or  special 


1 Abrogated  by  Article  VI,  State  Constitution. 

2 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.  ” 
Approved  February»4,  t886. 


IO 


CITY  CHARTER, 


election,  and  the  expenditure  therefor  be  authorized  by  a majority  of 
such  voters.  Provided  that  this  section  shall  not  prohibit  construction 
of  sewers  under  Chapter  io,  of  this  Act. 

SRC.  14.  The  City  of  Walla  Walla  shall  have  power  to  make  regu- 
lations to  prevent  the  introduction  and  spread  of  contagious  diseases  in 
the  City;  to  remove  persons  affected  with  such  or  other  diseases  there- 
from to  suitable  hospitals  provided  by  the  City  for  that  purpose  and  to 
provide  for  their  support  during  their  sickness  only,  and  provide  that 
solvent  persons  and  their  estates  shall  pay  for  the  expense  of  keeping 
them  in  such  hospital.  Provided,  however,  that  persons  shall  not  be  re- 
moved from  their  own  home  without  their  consent,  but  the  City  may 
quarantine  any  house  wherein  a contagious  disease  exists,  or  the  whole 
City. 

SEC.  15.  The  City  of  Walla  Walla  shall  have  power  to  make  regu- 
lations and  pass  ordinances  preventing  domestic  and  other  animals  from 
running  at  large  within  the  City  limits,  and  restrain,  impound  and  for- 
feit such  animals,  and  may  sell  the  same  when  forfeited  and  apply  the 
proceeds  as  it  deems  expedient,  and  in  the  case  of  dogs  may 'cause  them 
to  be  killed  or  sold  when  they  are  found  running  at  large  without  license, 
and  may  also  impose  a license  tax  on  dogs  within  the  City. 

SEC.  16.  The  City  of  Walla  Walla  shall  have  power  to  regulate, 
license  and  tax  all  carts,  drays,  wagons,  carriages,  coaches  and  omni- 
buses and  other  vehicles  kept  for  hire,  and  to  fix  the  rates  thereof;  to 
license,  tax  and  regulate  or  prohibit  theatrical  shows  and  other  exhibi- 
tions; to  license,  tax  and  regulate  auctioneers,  hawkers,  peddlers,  bank- 
ers, brokers  and  pawnbrokers;  to  license,  tax,  regulate,  prohibit  and  re- 
strain drinking  saloons  and  beer  shops  and  breweries,  or  other  places 
where  intoxicating  or  other  beverages  are  sold  or  disposed  of  in  less 
quantities  than  one  gallon.  Provided,  however,  that  no  license  shall  be 
required  of  apothecaries  or  druggists  for  the  sale  of  wines,  spirits  or  malt 
liquors  for  medical  purposes  only,  when  prescribed  by  regular  practic- 
ing physicians ; to  license,  tax  and  regulate  wash  houses,  slaughter 
houses  and  abbatoirs,  and  to  license  and  tax  all  hotels,  livery  stables, 
business  houses  and  wholesale  and  retail  Tjusiness  of  every  kind  and 
description.  Provided,  that  no  tax  shall  be  imposed  or  license  required 
for  the  sale  in  said  City  of  any  of  the  natural  products  of  the  country 
when  sold  by  the  producer. 

SEC.  17.  The  City  of  Walla  Walla  has  power  to  establish  and  main- 
tain a day  and  night  police,  which  shall  consist  of  the  Marshal  and  his 
deputies,  and  regulate  their  number,  pay  and  duties. 

1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Aet  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’  ’’ 
Approved  February  4,  1886. 


WALLA  WALLA,  WASH. 


1 1 


Sue.  18.  The  City  of  Walla  Walla  shall  have  power  to  prohibit, 
Regulate  or  restrain  houses  of  ill-fame,  gambling  or  gambling  houses, 
opium-smoking  houses  and  the  confiscation  of  opium  found  therein, 
and  to  authorize  the  destruction  of  gaming  devices  and  opium-smoking 
devices;  to  prohibit  and  restrain  and  abate  disorderly  houses;  to  regulate 
the  transportion  and  keeping  of  gun-powder  and  other  combustibles, 
and  to  provide  for  magazines  for  the  keeping  thereof,  and  license  and 
tax  such  keeping,  and  punish  any  violation  of  such  regulation  by  fine, 
imprisonment  or  forfeiture  of  the  gun-powder  or  combustible  kept  or 
transported  contrary  to  such  regulation;  to  regulate  the  speed  and  man- 
ner in  which  animals  or  vehicles  of  all  kinds,  including  locomotives  or 
cars,  shall  be  driven  or  allowed  to  run  through  the  streets  of  said  City; 
to  prevent  riots,  assaults,  assaults  and  batteries  or  affrays,  noisy  or  dis- 
orderly assemblies  within  said  City,  and  to  prevent  the  maintenance  of 
anything  which  is  annoying,  offensive  or  unhealthy  whatever  its  nature, 
and  to  prevent  all  other  acts  which  are  misdemeanors  at  common  law 
or  by  the  statutes  of  the  Territory  of  Washington,  and  may  punish  vio- 
lations of  the  provisions  of  this  section  as  provided  in  section  22. ..  . . 

SEC.  19.  The  City  of  Walla  Walla  shall  have  power  to  regulate  the 
burial  of  the  dead  and  to  prevent  any  interments  within  the  limits  of 
the  City,  and  cause  any  body  interred  contrary  to  such  prohibition  to 
be  taken  up  and  buried  without  the  limits  of  the  City,  and  have  full 
jurisdiction  over  all  cemeteries  belonging  to  the  City,  whether  within  or 
without  the  City  limits,  and  of  the  walks  and  ways  leading  from  the 
City  to  such  cemeteries  and  power  to  regulate,  improve  and  protect  the 
same  in  all  respects  and  to  punish  by  fine  and  imprisonment  as  provided 
in  section  22  any  violation  of  ordinances  in  respect  to  the  same. 

Sec.  20.  The  City  of  Walla  Walla  shall  have  power  to  establish 
and  regulate  markets,  to  provide  for  the  measuring  or  weighing  of  hay, 
coal,  wood  or  any  other  article. 

SEC.  21.  The  City  of  Walla  Walla  shall  have  power  to  protect  that 
City  and  the  inhabitants  thereof  from  the  floods  of  Mill  creek  and  other 
streams,  and  to  that  end  may  prescribe  the  width  between  the  banks, 
prevent  obstructions  and  cause  the  same  to  be  removed;  prescribe  the 
places  where  embankments  shall  be  made  and  the  nature  thereof  and 
prescribe  the  duties  of  the  owners  of  the  land  or  shore  of  such  stream 
as  to  putting  in  and  maintaining  protections  against  the  overflow  or 
washing  thereof,  and  may  punish  by  fine  and  imprisonment  as  provided 
in  Section  22  any  breach  of  said  duty,  and  in  case  said  duty7  is  not  per- 
formed, the  City  may  construct  such  protection  and  recover  the  cost 

1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’  ’ 
Approved  February  4,  1886. 


CITY  CHARTER, 


1 2 » 

thereof  from  the  owner  on  whose  land  the  same  is  made.  i'fhe  owners 
of  land  or  shore  as  above  mentioned  embraces  all  lands  within  one  hun- 
dred and  twenty  feet  of  the  middle  channel  of  Mill  creek. 

Sec.  22.  The  City  of  Walla  Walla  shall  have  power  to  adopt  pro- 
per ordinances  for  the  government  of  the  City  and  to  carry  into  effect 
the  powers  given  by  this  act,  and  to  provide  for  the  punishment  of  a vio- 
lation of  any  ordinance  of  the  City  by  a fine  not  exceeding  three  hun- 
dred dollars  and  costs,  or  by  imprisonment  not  exceeding  thirty  davs, 
or  by  both  such  fine  and  imprisonment,  and  in  case  of  the  default  of  the 
payment  of  such  fine  and  costs,  shall  have  power  to  imprison  not  to  ex- 
ceed one  day  for  every  two  dollars,  and  such  fine  and  costs  may  also  be 
collected  by  execution  against  the  property  of  the  defendant  and  when 
so  collected  shall  be  credited  on  the  judgment,  and  any  person  while  im- 
prisoned as  aforesaid  shall  be  compelled  to  work  during  the  time  he  is 
so  imprisoned  at  such  hard  labor  as  the  Marshal  shall  direct. 

SEC.  23.  The  City  of  Walla  Walla  shall  have  power  to  establish 
and  regulate  the  fees  and  compensation  of  all  its  officers,  except  when 
otherwise  provided,  and  have  such  other  power  and  privileges  not  here 
specifically  enumerated  as  are  incident  to  municipal  corporations. 


CHAPTER  III. 

GOVERNMENT. 

Section  24.  The  power  and  authority  hereby  given  to  the  City  of 
Walla  Walla  by  this  act,  shall  be  vested  in  a Mayor  and  Council  together 
wdtli  such  other  officers  as  are  in  this  act  mentioned  or  may  be  created 
under  its  authority. 

Sec.  25.  The  Council  shall  consist  of  seven  members.  They  shall 
be  elected  for  two  years  and  shall  hold  their  office  until  their  successors 
are  elected  and  qualified.  Provided  that  the  terms  of  members  of  the 
Council  as  fixed  under  the  former  charter  shall  continue  in  all  respects 
as  though  this  act  had  not  been  passed  and  all  officers  elected  under  the 
former  charter  shall  hold  their  respective  offices  under  this  charter  dur- 
ing the  terms  for  which  they  were  elected  and  until  new  officers  are 
elected  and  qualified  hereunder,  at  which  time  said  terms  shall  cease. 

Sec.  26.  The  Mayor  shall  be  elected  for  one  year,  and  shall  hold 
his  office  until  his  successor  is  elected  and  qualified. 

1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  4ct  to 
incorporate  the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’” 
Approved  February  4,  1886. 


WALLA  WALLA,  WASH. 


13 


SEC.  27.  ’There  shall  be  elected  by  the  qualified  voters  of  each  an- 
nual election,  as  hereinafter  provided,  a Mayor,  members  of  the  Coun- 
cil, Treasurer,  Justice  of  the  Peace,  Marshal,  Street  Commissioner,  City 
Attorney,  Citv  Surveyor,  City  Clerk,  Plealtli  Officer,  Assessor,  and  City 
Sexton.  Such  other  officers  as  may  become  necessary  for  the  due  exe- 
cution of  the  powers  herein  conferred,  shall  be  appointed  by  th£  City 
Council.  All  elective  officers,  except  members  of  the  Council,  shall 
hold  office  for  one  year,  or  until  their  successors  are  elected  and  qualified. 
Such  election  shall  be  by  ballot.  The  Justice  of  the  Peace  so  elected 
shall  be  one  of  the  Justices  of  the  Peace  duly  elected  under  the  laws  of 
Washington  Territory,  and  while  acting  in  City  matters  may  hold  his 
office  anywhere  within  the  City.  Such  Justice  of  the  Peace  shall  have 
jurisdiction  over  all  crimes  defined  by  any  ordinance  of  the  City  and  of 
all  other  actions  brought  to  enforce  or  recover  any  penalty,  forfeiture 
declared  or  given  by  any  such  ordinance,  and  full  power  and  authority 
to  hear  and  determine  all  causes,  civil  or  criminal,  arising  under  such 
ordinance  and  to  pronounce  judgment  in  accordance  therewith.  All 
civil  or  criminal  proceedings  before  such  Justice  of  the  Peace  under  and 
by  authority  of  this  act  shall  be  governed  with  and  regulated  by  the 
general  laws  of  this  Territory  relating  to  Justices  of  the  Peace,  and  to 
their  practice  and  jurisdiction,  and  shall  be  subject  to  review  in  the 
District  Court  of  the  proper  district  by  certiorari,  mandamus  or  appeal, 
the  same  as  in  other  cases.  Any  elected  officer  may  be  supended  by  the 
Council  at  a regular  meeting.  And  if  charges  are  not  preferred  and  a 
copy  thereof  served  on  the  suspended  otiicer  within  ten  days  after  his 
suspension,  the  officer  shall  be  restored  to  duty.  Trial  on  the  charges 
must  be  held  within  ten  days  after  service  thereof,  in  the  manner  to  be 
provided  by  ordinance.  The  Council  may  appoint  at  any  time,  a per- 
son to  fill  any  one  of  the  above  named  offices  whenever  the  incumbent 
thereof  is  suspended,  absent  or  sick,  or  unable  from  any  cause  to  act; 
such  appointments,  however,  shall  cease  whenever  the  disability  is  re- 
moved, and  in  case  the  term  of  office  of  the  City  Justice  shall  expire 
under  Territorial  law,  the  Council  shall  fill  the  vacancy  and  the  Justice 
so  appointed  shall  hold  office  until  the  next  general  election,  and  his 
successor  is  elected  and  qualified.  The  salary  of  none  of  such  officers 
shall  be  increased  or  diminished  during  the  term  for  which  they  were 
elected  or  appointed. 


1 As  amended  by  an  Act  entitled  “A11  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’  ’’ 
Approved  February  4.  1886. 


14 


CITY  CHARTER, 


CHAPTER  IV. 

EJECTIONS. 

Section  28.  rfhere  shall  be  a general  election  for  Mayor,  mem- 
bers of  the  Council,  Treasurer,  Justice  of  the  Peace,  Marshal,  Street 
Commissioner,  City  Attorney,  City  Surveyor,  City  Clerk,  City  Assessor, 
Health  Officer,  and  City  Sexton  on  the  Second  Monday  of  July  of  each 
year. 

SEC.  29.  That  at  all  general  elections  the  vote  shall  be  by  ballot  at 
the  time  and  place  designated  by  the  Council  and  the  inspectors,  judges 
and  clerks  to  conduct  the  same  shall  also  be  appointed  by  the  Council. 

Sec.  30.  The  City  Clerk  shall  give  ten  days’  notice  by  publication 
in  two  newspapers  each  of  different  politics,  if  there  be  such  published 
in  said  city,  of  such  election,  the  officers  to  be  elected,  the  place  or 
places  designated,  and  the  names  of  the  officers  by  whom  the  same  is  to 
be  conducted. 

Sec.  31.  All  elections  shall  commence  at  nine  o’clock'  a.  m.  and 
continue  until  five  o’clock  of  the  same  day  without  closing  the  polls.1 2 
If  any  judge  of  election  fails  to  attend  and  serve  at  the  proper  time  the 
voters  of  the  ward  then  present  may  elect  another  in  his  place,  and  if 
any  clerk  fails  to  attend  and  serve  at  the  proper  time,  the  judges  of  the 
election  may  appoint  another  in  his  place. 

SEC.  32.  Inspectors,  judges  and  clerks  of  election  must  possess  the 
qualifications  of  voters  in  the  ward  where  they  act  as  such,  but  a mis- 
take or  error  in  this  respect,  or  a failure  to  give  notice  required  by  Sec- 
tion 30  of  this  act  shall  not  invalidate  any  election  otherwise  legal. 

SEC.  33.  No  person  is  qualified  to  vote  at  any  election  under  this 
act  who  is  not  entitled  to  the  privilege  of  an  elector  according  to  the  laws 
of  the  territor}’  six  months  next  preceding  such  election  and  who  has 
not  resided  in  the  ward  for  ten  days  and  who  if  under  fifty  years  of  age 
has  not  paid  either  a poll  or  property  tax  in  such  City  for  the  fiscal  year 
then  last  past  except  those  exempted  from  taxation  in  section  8,  such 
payment  to  be  proved  by  the  proper  official  receipt  therefor,  except  when 
such  receipt  is  lost  or  mislaid,  when  it  may  be  proved  by  the  oath  of  the 
person  offering  to  vote.3  And  all  officers  required  to  be  elected  by  this 
act  except  those  elected  by  the  Common  Council  shall  be  elected  by  the 
qualified  voters  of  the  City. 

1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’  ” 
Approved  February  4,  1886. 

2 See  Title  VIII,  Chapter  IV,  Hill’s  Code  (Supra.) 

3 Abrogated  by  Article  VI,  State  Constitution. 


WALLA  WALLA,  WASH. 


15 


SEC.  34.  On  the  first  regular  meeting  of  the  Council  next  after  such 
election  the  return  thereof  shall  be  canvassed  and  a written  statement 
of  such  canvass  shall  be  made  and  signed  by  the  presiding  officer  of  the 
Council  and  attested  by  and  filed  with  the  Clerk.  Such  written  state- 
ment shall  contain  the  whole  number  of  votes  given  at  such  election, 
the  number  given  for  any  person  for  any  office,  and  the  names  of  per- 
sons elected  and  to  which  office:  Provided  that  if  the  requisite  number  of 
Citv  officers  shall  not  be  elected  by  reason  of  two  or  more  persons  hav- 
ing an  equal  and  the  highest  number  of  votes  for  one  and  the  same  office, 
the  City  Clerk  shall  give  notice  to  the  several  persons  so  having  the 
highest  and  an  equal  number  of  votes  to  attend  the  council  chamber  at 
an  appointed  time  and  the  said  Council  shall  then  and  there  proceed 
publicly  to  decide  by  lot  which  of  the  persons  so  having  the  highest  and 
an  equal  number  of  votes  shall  be  deemed  duly  elected  and  a certificate 
of  election  shall  be  duly  issued  to  the  person  thus  declared  elected  as 
hereinafter  provided. 

SEC.  35.  After  such  statement  of  the  canvass  is  filed  the  Clerk  shall 
make  and  sign  within  two  days  thereafter  a certificate  of  election  for 
each  person  declared  thereby  to  be  elected  and  deliver  the  same  to  him. 

SEC.  36.  A certificate  of  election  isprima  facie  evidence  of  the  facts 
therein  stated,  but  the  Council  is  the  final  judge  of  the  qualifications  and 
election  of  the  Mayor  and  its  own  members.1 

SEC.  37.  The  term  of  office  of  every  person  elected  to  office  under 
this  act  shall  commence  at  12  m.  on  the  tenth  day  after  the  canvass  of 
the  election  returns  by  the  Council  except  as  otherwise  provided  by  this 
act  and  by  such  time  such  persons  must  qualify  by  taking  and  filing  the 
oath  of  office  and  giving  such  official  undertaking  for  the  faithful  per- 
formance of  his  duties  as  may  be  required  or  he  shall  be  deemed  to  have 
declined,  and  the  office  shall  be  considered  vacant  except  when  there  is 
a contest,  in  which  case  such  person  must  qualify  within  ten  days  from 
the  determination  of  such  contest. 

SEC.  38.  All  officers  elected  under  this  Act  before  entering  upon 
the  duties  of  their  office,  must  take  and  file  with  the  Clerk  an  oath  ot 
office  to  the  following  effect:  “ I,  A.  B.,  do  solomnly  swear  (or  affirm) 

that  I will  support  the  Constitution  of  the  United  States,  the  organic 
Act  of  this  Territory  and  the  laws  made  in  conformity  therewith,  and 
that  I will,  to  the  best  of  my  ability,  faithfully  perform  the  duties  of 

the  office  of during  my  continuance  therein,  so  help  me  God.” 

If  the  person  affirms  instead  of  the  last  clause,  there  must  be  added, 
“ and  this  I promise  under  the  pains  and  penalties  of  perjury.” 

1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’  ” 
Approved,  February  4,  1886. 


i6 


CITY  CHARTER, 


SEC.  39.  All  laws  of  the  Territory  regulating  and  governing  gen- 
eral elections  and  proceedings  and  matters  incidental  thereto,  shall  ap- 
ply to  and  govern  elections  under  this  Act,  except  as  herein  otherwise 
provided. 

Sec.  40.  No  person  is  eligible  to  any  office  in  such  municipal  cor- 
poration, who  at  the  time  of  his  election  or  appointment  is  not  entitled 
to  the  privilege  of  an  elector  according  to  the  laws  of  this  Territory,  and 
who  has  not  resided  in  said  City  for  the  six  months  next  preceding  such 
election  or  appointment. 


CHAPTER  V. 

VACANCIES  IN  OEFICE. 

Section  4r.  :If  any  officer  shall  be  absent  from  the  City  thirty 
days  without  leave  of  the  Council,  or  shall  die,  or  be  disabled  from  per- 
forming his  duty,  or  shall  resign,  or  abscond,  or  be  guilty  of  misde- 
meanor or  breach  of  duty,  the  Council,  by  a five-sevenths  vote,  may  de- 
clare his  office  vacant,  and  fill  the  vacancy  with  his  successor. 

SEC.  42.  An  officer  appointed  to  fill  a vacancy,  must,  within  five 
days  after  being  notified  of  the  appointment  by  the  Clerk,  qualify  there- 
for as  in  the  case  of  an  officer  elected,  or  he  .shall  be  deemed  to  have  de- 
clined and  the  office  considered  vacant. 


CHAPTER  VI. 

ON  THE  ORGANIZATION  AND  POWERS  OF  THE  COUNCID. 

Section  43.  The  City  Council  shall  possess  all  the  legislative 
power  granted  by  this  Act,  shall  be  a board  for  the  equalization  of  City 
taxes  and  have  all  other  corporate  powers  of  the  City  not  herein,  or  by 
some  ordinance  of  the  City  conferred  on  some  other  officer,  and  shall 
have  the  same  powers  and  duties  with  reference  to  City  assessments  and 
taxes  as  those  prescribed  by  existing  law  for  the  government  of  the 
board  of  County  Commissioners  in  the  matter  of  County  assessments 
and  taxes. 

SEC.  44.  The  Council  must  provide  for  the  time  and  place  of  its 
regular  meetings,  to  any  of  which  it  may  adjourn  to  the  next  regular 

1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof".’  ” 
Approved,  February  4,  1886. 


WALL, A WALLA,  WASH. 


17 


meeting,  or  to  some  time  prior  thereto,  and  it  may  be  convened  by  the 
Mayor  at  any  time  upon  a day’s  notice  given  to  each  of  the  members 
through  the  City  Clerk. 

SEC.  45.  A majority  of  the  members  of  the  Council  shall  constitute 
a quorum  to  do  business,  but  a less  number  may  meet  and  adjourn  from 
time  to  time  and  compel  the  attendance  of  absent  members. 

Sec.  46  The  Council  may  adopt  rules  for  the  government  of  the 
conduct  of  its  members  and  its  proceedings,  and  in  the  absence  of  such 
rules  shall  be  governed  by  the  parliamentary  laws  applied  to  the  govern- 
ment of  legislative  bodies,  as  modified  by7  the  rules  last  adopted  by  the 
Legislative  Council  of  Washington  Territory.  It  must  keep  a journal  of 
its  proceedings,  and  on  the  call  of  any  one  of  its  members,  must  cause 
the  yeas  and  nays  to  be  taken  and  entered  in  the  journal  upon  any  ques- 
tion before  it.  But  upon  a question  to  adjourn  the  yeas  and  nays  shall 
not  be  taken,  unless  upon  the  call  of  four  members.  Its  deliberations 
and  proceedings  must  be  public. 

Sec  47  The  Council  may  punish  any  person  or  member  for  dis_ 
orderly  conduct  at  a meeting  of  the  Council,  and  the  manner  of  proceed- 
ings in  a case  of  disorderly  conduct  and  the  penalty  must  be  provided 
for  by  ordinance,  but  a member  of  the  Council,  for  words  uttered  in  de- 
bate during  sessions  of  the  board,  shall  not  be  questioned  in  any  other 
place 

Sec.  48.  The  Mayor  is  ex-officio  president  of  the  Council  and  pre- 
sides over  its  deliberations  when  in  session.  He  is  not  entitled  to  vote 
but  has  authority  to  preserve  order,  enforce  the  rules  of  the  Council  and 
determine  the  order  of  business,  subject  to  such  rules,  and  to  an  appeal 
to  the  Council.  If  the  Mayor  should  be  absent  at  any  meeting  of  the 
Council,  the  Council  must  appoint  one  of  their  own  members  president, 
to  serve  during  the  meeting  or  until  the  Mayor  attends. 

Sec.  49.  On  the  tenth  day  next  following  any  general  election  there 
must  be  a regular  meeting  of  the  Council,  at  which  time  the  election 
returns  shall  be  canvassed,  as  provided  in  Chapter  IV  of  this  act,  and 
such  meeting  is  appointed  by  this  act,  and  no  notice  thereof  or  call  there- 
for is  necessary. 

Sec  50.  A majority  of  the  whole  number  of  Councilmen  elected 
shall  constitute  a quorum,  and  a majority  vote  of  the  quorum  is  suffi- 
cient to  perform  and  transact  any  business  of  the  Council,  except  the 
final  passage  of  an  ordinance  or  making  a geueral  appropriation  of 
money,  in  which  matters  it  shall  require  a majority  vote  of  all  members 
elect,  and  except  in  cases  wherein  other  provisions  of  this  act  provide 


j8  city  charter, 

that  a greater  number  of  votes  is  required:  Provided,  that  special  pay- 

ments from  a fund  already  appropriated  may  be  made  upon  a majority 
vote  of  a quorum,  and  provided  further,  the  Council  may  order  the  money 
out  of  the  general  fund  into  another  for  any  specific  object. 


CHAPTER  VII 


the  MAYOR — HIS  POWERS  AND  DUTIES. 


Section  51.  The  Mayor  is  the  chief  executive  officer  of  the  corpor- 
ation, and  shall  have  power  to  communicate  to  the  Council  at  any  time 
concerning  the  condition  and  state  of  affairs  of  the  corporation,  and 
recommend  such  measures  as  he  may  deem  expedient  and  proper,  has 
the  power  of  veto  and  the  power  to  pardon  or  commute  any  sentence  for 
the  violation  of  any  ordinance.  The  Mayor  shall  sign  all  warrants  or- 
dered drawn  on  the  City  treasury. 


SEC.  52.  The  Mayor  shall  approve  all  bonds  or  undertakings,  offi- 
cial or  those  which  may  be  required  by  ordinance,  or  by  any  contract 
entered  into  by  the  corporation  with  private  individuals.  He  shall  re- 
port the  same  to  the  Council  at  the  next  regular  meeting  thereof,  and  if 
disappioved  by  that  body  the  same  shall  be  void. 


SEC.  53.  He  shall  perform  such  other  duties 
authority  as  may  be  prescribed  by  this  Act,  and 
law  of  the  United  States  or  of  this  Territory. 


and  exercise  such  other 
Citv  ordinance,  or  any 


Sec.  54.  Any  ordinance  which  shall  have  passed  the  Council,  shall, 
before  it.  becomes  a law,  be  presented  to  the  Mayor  for  his  approval.  If 
he  approves  he  shall  sign  it,  if  not,  he  shall,  at  the  next  regular  meeting, 
return  it  with  his  objections  in  writing  to  the  Council,  who  shall  cause 
the  same  to  be  entered  in  the  journal,  and  shall  proceed  to  reconsider  the 
same;  if,  after  such  reconsideration,  five-sevenths  of  the  members  of  the 
Council  shall  agree  to  pass  the  same,  it  shall  become  a law. 

Sec.  55.  During  any  temporary  absence  of  the  Mayor  from  the 
City,  or  if  he  be  unable  from  any  reason  to  act,  the  Council  shall  elect 
one  of  their  members,  who  shall  be  the  acting  Mayor  and  perform  all 
the  duties  of  such  office  during  such  temporary  absence  or  inability. 


WALLA  WALLA,  WASH. 


19 


CHAPTER  VIII. 

THE  POWERS  AND  DUTIES  OF  OTHER  OFFICERS. 

Section  56.  The  City  Attorney  shall  represent  the  City  in  all  suits 
or  proceedings  in  which  the  City  is  legally  interested,  and  give  his  ad- 
vice and  opinion  in  writing  concerning  any  matter  in  which  the  City  is 
interested,  when  required  by  the  Mayor  or  Council,  and  be  the  legal  ad- 
viser of  the  City  officers.  The  City  may  employ  additional  counsel  when 
deemed  advisable. 

SEC.  57.  It  shall  be  the  duty  of  the  Clerk  to  keep  a correct  journal 
of  the  proceedings  and  to  file  and  keep  all  papers  and  books  of  the 
Council.  The  Clerk  is  authorized  to  administer  any  oath  required  to  be 
taken  in  connection  with  the  duties  of  his  office.  He  shall  attest  all 
warrants  drawn  on  the  Treasurer.  He  shall  also  attest  any  other  docu- 
ment when  ordered  to  do  so  by  the  Council. 

Sec.  58.  All  demands  against  the  City  must  be  presented  to  the 
Clerk,  with  the  necessary  evidence  in  support  thereof,  which  he  must 
audit  and  submit  to  the  Council,  who  shall,  by  a vote,  direct  whether 
the  same  or  any  part  thereof  shall  be  paid,  as  they  may  deem  just  and 
legal. 

Sec.  59  When  the  Council  orders  any  demand  or  account  paid, 
and  not  otherwise,  the  Clerk  shall  draw  a warrant  on  the  Treasurer  for 
the  amount  so  ordered  paid,  and  present  the  sane  to  the  Mayor,  who 
shall  sign  the  same. 

Sec.  60.  The  Clerk  must  keep  proper  books,  showing  therein  all 
sums  appropriated,  the  date  thereof  and  out  of  what  fund,  the  date  and 
amount  of  all  warrants  drawn  thereon,  and  to  whom  payable,  and  per- 
form the  same  duties  as  to  City  assessments  as  are  now  prescribed  by 
law  for  the  County  Auditor  in  the  matter  of  County  assessments,  and  all 
other  such  matters  and  things  as  may7  be  prescribed  by  ordinance  or  are 
proper  and  necessary  to  a correct  understanding  of  the  City  finances. 

SEC.  61.  The  Treasurer  is  receiver  of  all  taxes  and  must  receive  and 
keep  all  money  that  shall  come  to  the  City,  by  taxation  or  otherwise,  and 
pay  out  the  same  upon  the  warrant  of  the  Mayor  and  Clerk,  and  per- 
form the  duties  as  to  City  taxes  prescribed  by  existing  law  for  the  gov- 
ernment of  the  County  Treasurer  as  to  County  taxes.  Provided,  when 
taxes  become  delinquent  he  shall  turn  over  a list  of  the  same  to  the  City- 
Marshal  for  collection. 

SEC.  62.  The  Treasurer  must  keep  an  account  with  the  general  fund 
and  a separate  account  with  each  special  fund  that  may  be  raised  for  any 
specific  object,  and  when  a warrant  is  drawn  on  any  particular  fund  it 
can  only  be  paid  out  of  such  fund. 


20 


CITY  CHARTER, 


SKC.  63.  The  Treasurer  must  make  a report  of  the  receipts  and  ex- 
penditures of  the  City  to  the  Council  at  the  first  regular  meeting  there- 
of in  January  and  July  of  each  year,  which  report  shall  be  published  in 

the  paper  doing  the  City  printing. 

SEC.  64.  The  Assessor  must  annually  make  a correct  list  of  all  prop- 
erty subject  to  taxation  by  the  City,  with  the  valuation  thereof,  and  per- 
form the  same  duties  as  to  the  assessment  and  collection  of  city  taxes  as 

are  prescribed  by  existing  laws  as  the  duties  of  the  County  Assessor  in 

the  assessment  and  collection  of  County  taxes. 

SEC.  65.  Any  persons  feeling  aggrieved  by  the  valuation  put  upon 
their  property  by  the  Assessor,  or  in  the  listing  of  the  same,  may  apply 
to  the  Council  to  have  the  same  revised  or  corrected,  and  the  Council 
may  correct  the  same  if  deemed  by  that  body  erroneous. 

Sec.  66,  The  Marshal  is  a peace  officer  and  ex-offico  chief  of  the 
police  and  collector  of  delinquent  taxes,  and  must  execute  all  processes 
issued  by  the  Justice  of  Peace  of  the  City,  or  directed  to  him  by  any 
magistrate  of  the  Territory.  He  must  attend  regularly  upon  the  court  of 
said  Justice  of  the  Peace  and  meetings  of  the  Council.  He  has  power  by 
and  with  the  approval  of  the  Council  to  appoint  one  or  more  deputies. 
He  shall  make  arrests  for  breach  of  the  peace,  or  for  commission  of  a 
crime  within  the  City  limits,  with  or  without  warrant.  He  shall  exercise 
a vigilant  control  over  the  peace  and  quiet  of  the  City,  and  lie  is  the 
keeper  of  the  City  prison.  He  shall  give  such  bonds  to  the  City  as  may 
be  prescribed  by  ordinance,  for  the  faithful  performance  of  his  duties, 
and  shall  also  give  a bond  as  tax  collector. 

SEC.  67.  The  Marshal  must  keep  a correct  record  of  all  arrests 
made  bv  him  or  his  deputies,  showing  the  time,  cause  or  complaint  upon 
which  said  arrest  was  made,  and  must  make  a full  and  complete  report 
in  writing  to  the  Council  at  the  first  regular  meeting  in  each  month. 

Sec.  68.  The  Justice  of  the  Peace  of  the  City  shall,  before  exercis- 
ing any  of  the  functions  of  his  office  as  such,  give  a bond  to  the  City  in 
such  sum  and  with  such  conditions  as  the  Council  may  require.  He 
must  keep  a proper  account  of  all  fines,  costs  or  other  moneys  received 
by  him  when  acting  under  and  by  authority  of  this  Act,  and  he  must 
pay  to  the  Treasurer  monthly  all  such  moneys  and  take  duplicate  re- 
ceipts therefor,  one  of  which  he  must  file  with  the  Clerk.  He  shall 
keep  a separate  docket  of  all  City  cases  and  make  a report  to  the  Coun- 
cil each  month  of  his  doings. 

SEC.  69.  The  powers  and  duties  of  all  officers  of  the  City  shall  be 
as  prescribed  by  Ordinance,  except  as  provided  herein. 


21 


WALLA  WALLA,  WASH. 


SEC.  70.  The  official  books  and  papers  of  all  the  City  officers  are 
City  property,  and  must  be  kept  as  such  by  such  officers  during  their 
continuance  in  office,  then  delivered  to  their  successors. 

SEC.  71.  The  official  books  of  the  corporation  shall  be  subject  to 
inspection  by  any  taxpayer  thereof,  during  office  hours. 


CHAPTER  IX. 

ORDINANCES. 

Section  72.  The  style  of  every  ordinance  shall  be  “ The  City  of 
Walla  Walla  does  ordain  as  follows.”  No  ordinance  shall  contain  more 
than  one  subject,  which  shall  be  clearly  expressed  in  the  title,  and  when 
only  a section  of  an  ordinance  is  repealed,  the  repealing  ordinance  shall 
specify  particularly  what  section  is  to  be  repealed  by  repeating  it,  but 
when  the  whole  ordinance  is  to  be  repealed  it  shall  be  sufficient  to  name 
it  by  title  and  number. 

Sec.  73.  All  ordinances  shall,  as  soon  as  may  be  after  their  pass- 
age, be  recorded  in  a book  kept  for  that  purpose,  and  be  authenticated 
by  the  signature  of  the  presiding  officer  and  the  Clerk,  and  all  those  of 
a general  or  permanent  character,  and  those  imposing  any  fine,  penalty 
or  forfeiture,  shall  be  published  in  the  newspaper  doing  the  City  print- 
ing, and  it  shall  be  a sufficient  defense  to  any  suit  or  prosecution  for 
such  fine,  penalty  or  forfeiture  to  show  that  such  publication  was  not 
made,  and  no  such  ordinances  shall  take  effect  and  be  in  force  until  the 
expiration  of  five  days  after  they  have  been  published. 

SEC  74.  All  the  courts  of  the  Territory  of  Washington,  holding 
terms  in  said  City,  shall  take  judicial  knowledge  of  the  ordinances  of 
said  City,  and  after  an  ordinance  has  been  passed  six  days,  courts  shall 
presume  that  the  same  has  been  duly  published  five  days,  unless  the 
contrary  be  affirmatively  established.! 


CHAPTER  X. 

ASSESSMENT  DISTRICTS— CODDECTING  OF  ASSESSMENTS  FOR  STREET 
GRADES  AND  IMPROVEMENTS. 

Section  75.  The  City  of  Walla  Walla  shall  have  power  to  establish 
assessment  districts  therein  and  change  the  same  at  pleasure,  to  make 

1 See  Title  IX,  Chap.  XIV,  Hill’s  Code.  (Supra). 


22 


CITY  CHARTER, 


any  improvement,  including  opening,  cleaning,  sprinkling  and  lighting 
streets,  alleys  and  public  grounds,  building  and  repairing  bridges,  pro- 
tecting property  from  floods,  abating  nuisances,  and  may  raise  the  neces- 
sary means  therefor,  as  provided  in  this  chapter.  Provided,  that  when 
the  Council  deem  that  such  proposed  improvement,  though  specially 
beneficial  to  the  assessment  district,  is  also  of  great  benefit  to  the  whole 
City,  it  may  contribute  from  any  fund  of  the  City  applicable,  such 
amount  as  it  may  deem  just;  and,  provided  further,  when  the  Council 
deem  the  proposed  improvement  not  local  in  benefits,  but  of  general 
benefit  to  the  whole  City,  it  may  make  appropriations  from  any  funds  of 
the  City  applicable  thereto  to  pay  for  the  whole  thereof. 

Sec.  76.  Assessment  districts  may  include  such  lands  as  the  Coun- 
cil shall  deem  benefitted  by  the  improvement,  provided  that  in  case  of 
the  improvement  of  established  streets,  sidewalks  and  alleys  it  shall  in- 
clude only  the  land  abutting  the  proposed  improvement  and  running 
back  therefrom  one  hundred  and  twenty  feet  or  less,  and  no  improve- 
ment shall  be  made  until  the  grade  shall  have  been  established.  In  all 
other  cases  the  dimensions  and  locality  of  the  district  shall  be  accord- 
ing to  the  discretion  of  the  Council,  provided  it  shall  always  embrace 
the  proposed  improvements. 

Sec.  77.  !The  ordinance  establishing  the  district  shall  describe  the 
boundaries  thereof,  and  in  case  bids  are  to  be  let  for  improvements  of 
streets  already  existing,  bids  shall  be  advertised  for,  and  a diagram  or 
description  of  the  proposed  improvements  filed  in  the  Clerk’s  office  for 
the  inspection  of  bidders.  In  case  the  district  is  established  to  pur- 
chase land  for  opening  new  streets,  then  the  amount  necessary  to  be 
raised  therefor,  as  soon  as  it  shall  be  ascertained,  shall  be  advertised  in 
the  City  paper,  and  the  work  or  purchase  shall  be  stayed  only  by  a 
petition  to  that  effect  by  persons  in  the  district  representing  half  of  the 
tax,  and  this  must  be  filed  with  the  Clerk  within  twenty  days  after  the 
publication  of  the  notice  of  the  amount  to  be  raised.  Provided,  that  a 
fi  ^e-sevenths  vote  of  the  Council  may  stop  proceedings  or  continue  them 
to  the  end,  regardless  of  petition  or  remonstrance. 

SEC.  78  If  the  remonstrance  mentioned  shall  be  filed  as  aforesaid, 
the  proceedings  shall  .stop  until  said  petition  shall  be  filed  Provided, 
that  a new  district  with  different  limits  may  be  formed  for  the  same  pur- 
pose and  new  proceedings  had,  as  above  prescribed. 


i As  amended  bj'  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  'An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’’’ 
Approved,  February  4,  1886. 


WALLA  WALLA,  WASH 


23 


SEC.  79.  'When  it  is  lawful  to  proceed  as  above  provided,  the  Asses- 
sor shall  make  assessment  of  all  land  within  the  district,  which  shall  be 
levied  and  collected  in  all  respects  as  a general  City  tax,  except  the 
whole  time  and  manner  of  assessment  and  collection  may  be  controlled 
by  ordinance. 

SEC  80.  Upon  the  return  of  said  Clerk  to  the  Council  the  bids 
shall  be  opened,  and  if  the  Council  shall  accept  any  bid  it  shall  pro- 
ceed to  levy  a tax  on  the  land  in  said  district  (exclusive  of  improve- 
ment) as  it  shall  appear  from  said  list  made  from  the  assessment  roll, 
according  to  the  value  thereof,  sufficient  to  pay  the  amount  of  the  ac- 
cepted bid  and  the  incidental  probable  expenses. 

Sec.  Sr.  If  no  bid  is  accepted  notice  shall  be  published  by  the 
Clerk  in  the  paper  aforesaid,  at  least  five  days,  that  new  bids  will  be  re- 
ceived for  said  work,  and  when  such  bids  are  received  and  accepted  by 
the  Council,  it  shall  levy  the  tax  as  aforesaid. 

SEC.  82.  After  said  bid  is  accepted  and  levy  made  the  contract 
shall  not  be  executed  until  five  days  thereafter,  during  which  time  if  any 
of  the  freeholders  in  said  district  will  give  bid  and  bond  as  hereinafter 
provided,  to  do  the  work  for  twenty  dollars  less  than  the  accepted  bid, 
and  pay  the  accepted  bidder  ten  dollars  bonus  for  his  trouble,  which 
shall  be  left  with  the  Clerk,  then  the  contract  with  the  original  accepted 
bidder  shall  come  to  an  end,  and  the  work  shall  be  done  by  the  free- 
holder, provided  if  there  are  two  or  more  freeholders  who  offer  as  afore- 
said to  do  the  work,  the  one  offering  to  do  the  work  for  the  least  price 
shall  pay  said  bonus  and  have  the  contract,  and  all  other  contracts  shall 
become  void;  and,  provided,  that  all  persons  bidding  shall  file  with  their 
bids  a bond  to  do  the  work  according  to  the  specifications,  with  the 
Clerk  aforesaid,  in  case  his  bid  is  accepted  and  the  contract  awarded  to 
him,  with  such  sureties  as  may  be  prescribed  by  ordinance. 

SEC.  83.  The  fees  and  percentages  and  penalties  for  collection  of 
delinquent  taxes  shall  be  added  to  the  delinquent  tax  and  collected  as  a 
part  thereof. 

Sec.  84.  As  soon  as  a tax  is  levied,  the  Clerk  shall  record  the  same 
in  a book  in  his  office  and  shall  cause  to  be  filed  in  the  County  Auditor  s 
office  a certified  transcript  of  said  exhibit  under  his  seal  of  office.  The 
County  Auditor  shall  file  said  transcript  and  record  it  in  the  book  of 
liens,  indexing  the  owner,  or  reputed  owner,  as  lienor  and  the  City  as 
claimant,  for  which  he  shall  be  entitled  to  charge  the  fee  of  twenty-five 


1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  'An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof. 
Approved,  Februarj'  4,  1886. 


24 


CITY  CHARTER, 


cents  for  each  name  so  indexed,  which  sum  shall  be  added  to  said  claim 
and  upon  the  enforcement  of  such  lien  shall  be  taxed  and  collected  as 
costs. 

Sec.  85.  The  fuuds  collected  under  this  chapter  shall  be  kept  separ- 
ate, and  if  there  is  any  excess  thereof  it  shall  be  returned  to  those  who 
paid  it,  according  to  their  respective  interests,  and  if  there  is  a defici- 
ency a tax  may  be  levied,  as  above  provided,  to  make  up  such  defici- 
ency! 


CHAPTER  XI. 

OF  THE  COLLECTION  OF  DELINQUENT  TAXES. 

Section  86.  The  assessment  of  property,  the  form  of  the  assess- 
ment roll,  the  rule  for  ascertaining  the  ownership  of  property  and  in 
whose  name  it  may  be  assessed,  and  the  collection  of  City  taxes  shall  be 
made  in  the  manner  prescribed  by  existing  law  for  the  assessment  and 
collection  of  Territorial  and  County  taxes;  time  of  making  assessments, 
the  return  of  the  Assessor,  the  time  for  levying  and  collecting  the  gen- 
eral and  special  taxes,  the  time  for  equalization  of  taxes,  and  when  they 
shall  become  delinquent  must  be  prescribed  by  ordinance.  2 Any  gen- 
eral or  special  tax  may  be  collected  by  civil  action  if  the  City  elect  to  do 
so,  and  in  that  case  has  all  the  rights  and  proceedings  as  in  other  civil 
actions,  and  judgments  have  the  same  effect.  Provided,  that  no  issue 
shall  be  tried  in  said  action  except  as  to  how  much  tax  would  be  justly 
owing  if  the  assessment  had  been  regular  in  every  respect,  and  no  issue 
shall  be  tried  as  to  the  regularity  of  any  official  act  preceding  the  action. 

Sec  87.  The  fees  and  costs,  penalties  and  interests  for  and  on  City 
taxes  and  for  the  collection  thereof  shall  be  the  same  as  that  prescribed 
by  existing  laws  for  Territorial  and  County  taxes,  and  the  effect  of  sales 
and  deeds  and  the  right  of  redemption  shall  be  the  same.  Provided 
that  in  the  case  of  road  poll  tax  that  if  any  person  shall  bring  a receipt 
from  the  Street  Commissioner  of  having  performed  work  for  the  same, 
then  such  receipt  shall  be  accepted  as  payment  at  the  rate  of  two  dollars 
per  day,  and  the  tax  collector  shall  take  up  such  receipt  and  give  a re- 
ceipt as  for  cash. 

x Laws  1893,  p.  226,  provide  for  reassessment,  in  case  any  assessment  for  local 
improvement  shall  be  declared  invalid  by  the  courts  of  this  State. 

2 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’” 
Approved,  February  4,  1886. 


WALLA  WALLA,  WASH 


25 


SEC  88.  And  the  City  Council  shall  have  power  by  ordinance  to 
supplement  and  change  the  present  territorial  law  as  to  time  taxes  shall 
be  collected,  and  the  time  of  making  return  of  delinquent  rolls  by  the 
Marshal,  and  as  to  the  change  of  the  names  of  County  officers  to  the 
proper  City  officers,  and  any  other  change  which  is  necessary  to  mate  e 
said  laws  applicable  to  City  and  district  assessments  and  taxes. 

Sec.  89  Whenever  any  general  or  special  tax  has  been  levied  as 
provided  and  authorized  by  this  charter,  every  part  thereof  shall  bear 
interest  at  the  legal  rate  from  the  time  it  is  due  and  payable  until  paid 
or  collected,  and  shall  be  a lien  from  said  date  upon  any  real  property 
owned  by  the  party  assessed. 


CHAPTER  XII. 

MISCELLANEOUS  PROVISIONS. 

Sec.  90.  The  City  of  Walla  Walla  is  not  bound  by  any  contract,  or 
in  any  way  liable  thereon,  unless  the  same  is  authorized -by  a City  ordi- 
nance and  made  in  writing  and  by  order  of  the  Council  signed  by  the 
Clerk  or  some  other  person  in  behalf  of  the  City.  But  an  ordinance  may 
authorize  any  officer  or  agent  of  the  City,  naming  him,  to  bind  the  City 
without  a contract  in  writing,  for  the  payment  of  any  sum  of  money  not 
exceeding  one  hundred  dollars. 

SEC.  91.  When  an  accident  happens  within  the  City  of  Walla  Walla, 
by  reason  of  defects  or  obstructions  in  the  streets,  alleys,  sidewalks  or 
bridges  therein,  the  liability  shall  be  as  follows:  When  the  defect  or 

obstruction  is  caused  by  the  Street  Commissioner  or  employe  under  him. 
by  the  misfeasance  or  malfeasance  of  such  Street  Commissioner  or  em- 
ploye occurring  as  an  incident  of  work  done  for  the  City,  such  commis- 
sioner or  employe  in  fault  and  the  City  jointly  shall  be  liable 

SEC.  92.  lWhen  such  defect  is  caused  by  the  occupant  or  owner  of 
abutting  property,  or  by  their  neglect  to  remove  the  same,  the  said  owner 
shall  be  personally  liable,  and  when  caused  by  the  willful  misconduct  of 
any  person,  such  persons  shall  be  personally  liable.  Provided,  that  if 
the  Street  Commissioner,  having  notice  and  the  means  to  abate  the  dan- 
ger, and  failing  to  perform  his  duty  in  this  respect,  is  jointly  liable  with 
the  persons  aforesaid  in  the  nature  of  surety  for  said  persons  previously 

1 As  amended  by  an  Act  entitled  “An  Act  to  amend  an  Act  entitled  ‘An  Act  to  in- 
corporate the  City  of  Walla  Walla  and  to  particularly  define  the  powers  thereof.’  ” 
Approved,  February  4,  1886. 


26 


CITY  CHARTER, 


liable,  and  if  the  Council,  on  being  notified  by  the  the  Street  Commis- 
sioner that  he  needs  means  to  cure  the  defect,  fail  to  supply  the  same, 
the  Street  Commissioner  shall  be  exempted,  and  the  City  shall  be  liable 
as  surety  in  his  place,  as  above  provided. 

SEC.  93.  If  the  Council  has  been  notified  by  the  Street  Commis- 
sioner that  there  is  danger  from  any  such  defect  or  obstruction  and  fails 
to  immediately  furnish  the  power  and  means  to  the  Street  Commissioner 
to  cure  the  defect  or  remove  the  obstruction  to  an  extent  sufficient  to 
prevent  accidents,  then  the  City  shall  be  liable ‘alone,  unless  such  defect 
or  obstruction  is  caused  or  permitted  as  is  described  in  the  next  section. 

SEC.  94.  When  an  action  is  against  joint  defendants  or  two  or  more 
defendants  and  when  the  liability  of  any  defendant  arises  out  of  the  fault 
of  any  officer,  tenant  or  employe  of  such  defendant,  the  verdict  shall  so 
state  and  judgment  be  entered  accordingly  and  execution  satisfied  from 
the  property  of  such  officer  or  employe,  if  it  can  be  found,  but  if  not 
found  then  against  the  City  or  employe,  and  when  the  City  or  employe 
shall  pay  such  judgment  or  any  part  of  the  same,  it  or  he  shall  be  subro- 
gated to  that  extent  to  the  rights  of  the  plaintiff,  and  if  such  officer  or 
employe  is  not  embraced  as  defendant  by  the  original  complaint,  the 
defendant  sued  may  make  him  a party  defendant  by  the  service  of  the 
copy  of  the  orginal  complaint  and  summons  upon  him  together  with  a 
notice  that  he  shall  appear  and  defend  the  same,  which  shall  operate 
and  have  the  effect  of  an  original  summons,  and  when  made  a party  he 
shall  answer  the  original  complaint  in  all  respects,  as  if  it  charged  him 
with  the  wrong,  instead  of  the  other  defendant. 

SEC.  95.  No  money  shall  be  drawn  from  the  City  treasury  but  in 
pursuance  of  an  appropriation  for  that  purpose,  made  by  an  ordinance, 
and  an  ordinance  making  an  appropriation  of  money  must  not  contain  a 
provision  upon  any  other  subject.  Provided,  always,  that  where  a fund 
has  been  created  to  be  expended  for  a certain  purpose,  the  Council  may, 
from  time  to  time,  direct  payments  to  be  n;ade  therefrom  for  such  pur- 
pose without  ordinance.  . 

SEC.  96.  The  fiscal  year  of  the  City  shall  commence  on  the  first  day 
of  July,  and  end  on  the  last  day  of  June  of  each  year. 

SEC.  97.  In  any  action,  suit  or  proceedings  in  any  court  concerning 
any  assessment  of  property  or  levy  of  taxes  authorized  by  this  act,  or  the 
collection  of  any  such  tax,  or  proceeding  consequent  thereon,  such  as- 
sessment, levy,  consequent  proceeding,  and  all  proceeding  connected 
therewith,  shall  be  presumed  to  be  regular  and  duly  taken,  until  the 
contrary  is  shown,  and  when  any  proceeding,  matter  or  thing  is  by  this 
act  committed  or  left  to  the  discretion  of  the  Council,  such  discretion  or 
judgment,  when  exercised  or  declared,  is  final,  and  cannot  be  reviewed 
or  called  in  question  elsewhere. 


WALLA  WALLA,  WASH. 


27 


Sec.  98.  The  City  Council  may  divide  the  City  into  not  less  than 
four,  nor  more  than  seven  wards  and  shall  apportion  the  members  of 
the  City  Council  to  be  elected  in  each,  and  provide  places  for  holding 
elections  in  each,  and  appoint  officers  for  conducting  the  same. 

SEC.  99.  When  the  grade  or  boundaries  of  any  street  have  been 
once  legally  established,  such  grade  or  boundary  shall  not  be  changed 
without  indemnifying  each  person  injured  by  such  change,  and  the 
amount  of  compensation  shall  be  determined  as  in  other  cases  when 
private  property  is  taken  for  the  use  of  the  City,  and  the  City  of  Walla 
Walla  may  exercise  the  right  of  eminent  domain  to  take  any  private 
property  for  any  use  of  the  City  embraced  within  any  of  the  objects  or 
purposes  of  this  act.1 

SEC.  100.  In  all  cases  where  it  is  provided  elsewhere  that  a petition 
or  remonstrance  is  necessary  to  the  validity  of  an  ordinance  or  proceed- 
ing, and  where  it  is  provided  that  a remonstrance  shall  stay  proceedings, 
the  Council  may,  by  a five-sevenths  vote,  pass  such  ordinance  or  com- 
plete such  proceedings  in  all  respects  as  if  there  had  been  110  provisions 
on  the  subject;  and  when  an  ordinance  has  passed  it  shall  be  held  as 
valid,  unless  ii  be  proven  affirmatively  that  the  necessary  steps  have  not 
been  taken.  And  in  the  appropriation  of  private  property  for  public  use 
the  mode  of  the  proceedings  shall  be  as  prescribed  by  ordinance. 

SEC.  ioi.  All  the  trusts  for  private  persons  and  all  the  rights  to 
property  vested  or  existing  in  the  City  of  Walla  Walla  by  virtue  of  any 
act  of  the  Legislative  Assembly  of  the  Territory  of  Washington  or  City 
organization  under  the  laws  thereof,  and  by  the  acts  of  congress  are  here- 
by imposed  and  granted  to  the  City  of  Walla  Walla,  as  created  by  this 
act,  as  the  successor  thereof,  it  being  the  true  intent  of  this  and  all  other 
acts  creating  the  City  of  Walla  Walla  to  continue  the  existence  of  the 
same  City,  as  prescribed  from  time  to  time  by  the  different  acts  incor- 
porating the  same,  but  with  additional  powers  and  manner  of  govern- 
ment. 

SEC.  102.  All  ordinances  heretofore  in  force  in  the  City  of  Walla 
Walla,  passed  concerning  the  trusts  of  said  City  for  private  parties,  are 
continued  in  force,  and  all  ordinances  passed  and  in  force  in  said  City 
when  this  act  goes  into  effect  are  continued  in  force  until  repealed  by 
the  City  Council. 

SEC.  103.  The  rights,  powers  and  duties  and  liabilities  of  the  City 
of  Walla  Walla  and  of  its  several  officers  shall  be  those  -prescribed  in  this 
act  and  this  act  is  hereby  declared  a public  act. 


See  title  IX,  Chapter  XIII,  Hills’  Code  (Supra.) 


28 


CITY  CHARTER, 


SRC.  104.  Whenever  any  addition  to  said  City  shall  be  platted  and 
recorded  in  the  office  of  the  county  auditor  of  Walla  Walla  County  as  re- 
quired by  law,  then  and  in  that  case  the  City  of  Walla  Walla  shall  have 
power  by  ordinance  to  include  such  addition  within  the  corporate  limits 
thereof.  Provided,  always,  that  such  addition  is  joined  to  the  already 
established  boundaries  of  said  City. 

Sec.  105.  The  limit  of  indebtedness  of  the  City  of  Walla  Walla  is 
hereby  fixed  at  $50,000. 1 

SEC.  106.  All  acts  and  parts  of  acts  relating  to  the  incorporation  of 
Walla  Walla  City  and  not  herein  reserved  are  hereby  repealed. 

SEC.  107.  This  act  to  take  effect  from  and  after  January  1st,  1884. 


Territory  of  Washington,  ) 
Secretary’s  Office,  i 

I,  N.  H.  Owings,  Secretary  of  the  Territory  of  Washington,  do  here- 
by certify  that  “An  act  to  incorporate  the  City  of  Walla  Walla  and  to 
particularly  define  the  powers  thereof,’’  now  on  file  in  this  office,  was 
approved  by  the  Governor  the  28th  of  November,  A.  D.  1883. 

In  testimony  whereof  I have  hereunto  set  my  hand  and  affixed  the 
great  seal  of  said  Territory,  at  Olympia,  this  6th  day  of  December,  A. 
D.  1883. 

[E.  s.3  N.  H.  OWINGS, 

Secretary  of  Washington  Territory. 


1 See  Section  707,  Vol.  1,  Hills’  Code,  [Supra.] 


Yesler  vs.  Seattle,  1 Wash.  308. 
Moore  vs.  Walla  Walla,  60  Fed.  962. 


GENERAL  LAWS. 


29 


GENERAL  LAWS. 


The  following  are  certain  general  statutes  deemed  applicable  to  the 
City  of  Walla  Walla,  existing  as  it  does  under  special  Charter: 


TITLE  IX,  CHAPTER  XII,  1 HILL’S  CODE. 


OF  PEATS  OF  CITIES,  TOWNS  AND  ADDITIONS,  AND  OF  STREETS, 

ETC.  THEREIN. 


#743.  Any  person  or  persons  who  may  hereafter  layoff  any  Town  plats  to 
Town  within  this  State  shall  previous  to  the  sale  of  any  lots  be  recorded, 
within  such  Town,  cause  to  be  recorded  in  the  Recorder’s 
office  of  the  County  wherein  the  same  may  lie,  a plat  of 
said  Town,  with  the  public  grounds,  (if  any  there  be,) 
streets,  lanes  and  alleys,  with  their  respective  widths  prop- 
erly marked,  and  the  lots  regularly  numbered,  and  the  size 
stated  on  said  plat. 


#744.  Every  person  hereafter  laying  off  any  lots  in  addi- 
tion to  any  town  shall  previous  to  the  sale  of  such  have  the 
same  recorded  under  the  like  regulations  as  are  provided 
for  recording  the  original  plat  of  said  town,  and  thereafter 
the  same  shall  be  considered  an  addition  thereto.  1 


Additions  to 
town  lots 
must  be  re- 
corded. Ef- 
fect of— 


#745.  Every  person  whose  duty  it  may  be  to  comply  with  plat  °f  town 
the  foregoing  regulations,  shall,  at  or  before  the  time  of  of-  to  be  ac- 
fering  such  plat  for  record,  acknowledge  the  same  before  knowledged. 
the  Recorder  of  the  proper  County,  or  any  other  officer  who 
is  authorized  by  law  to  take  the  acknowledgements  of  deeds, 
a certificate  of  which  acknowledgement  shall  be,  by  the 
officer  taking  the  same,  indorsed  on  or  annexed  to  such  plat 
and  recorded  therewith. 


Carroll  v.  Centralia  Water  Co.,  5 Wash.,  613. 


GENERAL  LAWS. 


3° 


City  and  $746.  Whenever  any  City  or  Town  has  been  surveyed  and 
town,  streets  platted,  and  a plat  thereof  showing  the  roads,  streets  and 
are  public  alleys  lias  been  filed  in  the  office  of  the  Auditor  of  the 
highways.  County  in  which  such  City  or  Town  is  located,  such  plat 
shall  be  deemed  the  official  plat  of  such  City  or  Town,  and 
all  roads,  streets  and  alleys  in  such  City  or  Town  as  shown 
by  such  plat  shall  be,  and  the  same  are,  declared  public 
highways;  providing  that  nothing  herein  shall  apply  to  any 
part  of  a City  or  Town  that  has  been  vacated  according 
to  law. 

Lots,  streets,  £749.  Any  person  or  body  corporate  interested  in  any 
etc.  in  unin-  Town  in  this  State  not  incorporated,  who  may  desire  to 
corporated  vacate  any  lot,  street,  alley,  common,  or  any  part  thereof, 
Town.  Pro-  or  may  desire  to  vacate  any  public  square,  or  part  thereof, 
ceedings  to  in  any  such  Town,  it  shall  be  lawful  for  any  such  person  or 
vacate.  corporation  to  petition  the  board  of  County  Commissioners 

for  the  proper  County,  setting  forth  the  particular  circum- 
stances of  the  case,  and  giving  a distinct  description  of  the 
property  to  be  vacated,  which  petition  shall  be  filed  with 
the  County  Auditor  twenty  days  previous  to  the  setting  of 
said  court,  and  notice  of  the  pendency  of  said  petition  shall 
be  given  for  the  same  space  of  time  by  written  or  printed 
notices  set  up  in  three  of  the  most  public  places  in  said 
Town,  containing  a description  of  the  property  to  be  va- 
cated. 

Court  may  va-  $750.  Said  court  if  satisfied  that  the  aforesaid  notice  has 
cate  streets,  been  given,  may,  in  their  discretion,  vacate  the  same,  with 
lots  or  squares  such  conditions  and  restrictions  as  they  may  deem  reason- 
when—  able  and  for  the  public  good. 

Effect  of  va-  §751.  The  part  so  vacated,  if  it  be  a lot,  or  lots,  shall  vest 
cation  as  to  in  the  rightful  owner,  who  may  have  the  title  thereof  ac- 
title,  etc.  cording  to  law,  and  if  the  same  be  a street  or  alley,  the 
same  shall  be  attached  to  the  lots  or  ground  bordering  on 
such  street  or  alley;  and  all  right  or  title  thereto  shall  vest 
in  the  person  or  persons  owning  the  property  on  each  side 
thereof  in  equal  proportions;  provided,  the  lots  or  grounds 
so  bordering  on  such  street  or  allev  have  been  sold  by  the 
original  owner  or  owners  of  the  soil ; if,  however,  said 
original  owner  or  owners  possess  such  title  to  the  lots  or 
grounds  bordering  said  street  or  alley  on  one  side  only,  the 
title  to  the  same  shall  vest  in  the  said  owner  or  owners,  if 
the  said  court  shall  judge  the  same  to  be  just  and  proper. 


GENERAL  LAWS 


£752.  In  cases  where  any  person  interested  in  any  incor- 
porated town  in  this  State  may  desire  to  vacate  any  street, 
alley,  lot  or  common  or  any  part  thereof,  it  shall  be  lawful 
for  such  person  to  petition  the  trustees  in  like  manner  as 
persons  interested  in  Towns  not  incorporated  are  authorized 
to  petition  the  Board  of  County  Commissioners;  and  the 
same  proceedings  shall  be  had  thereon  before  such  Trustees, 
or  other  body  corporate  having  jurisdiction  as  are  authoriz- 
ed to  be  had  before  the  Board  of  County  Commissioners; 
and  such  Trustees  or  other  corporate  body  may  determine 
on  such  application  under  the  same  restrictions  and  limita- 
tions as  are  contained  in  the  foregoing  provisions. 

2753.  In  all  cases  where  any  person  or.  persons  have  laid 
out  or  shall  hereafter  lay  out  a Town  or  any  addition  to  any 
Town,  and  such  Town  or  addition  does' not  improve, and  such 
person  or  persons  shall  be  the  legal  owner  or  owners  of  all 
the  lots  contained  in  such  Town  or  addition,  such  person  or 
persons  or  any  other  party  or  parties  who  shall  become  the 
legal  owner  or  owners  thereof,  may  have  such  Town  or  addi- 
tion, or  any  part  thereof  vacated  in  like  manner  as  is  here- 
inbefore provided  for  the  vacation  of  lots,  streets  and  alleys. 

£754.  All  City  or  Town  plats  or  any  addition  or  additions 
thereto  heretofore  made  and  recorded  in  the  County  Audi- 
tors office  of  any  County  in  the  State  of  Washington,  show- 
ing lots,  blocks,  streets,  alleys  or  public  grounds  shall  be 
conclusive  evidence  of  the  location  and  size  of  the  lots, blocks 
and  public  grounds  and  the  location  and  width  of  eacl:  and 
every  street  or  alley  marked,  laid  down,  or  appearing  on 
such”  plat,  and  that  all  the  right,  title,  interest  or  estate 
which  the  person  or  persons  making  or  recording  such  plat 
or  causing  the  same  to  be  made  or  recorded  had  at  the  time 
of  making  or  recording  such  plat  in  or  to  such  streets,  alleys 
or  public  grounds  was  thereby  dedicated  to  public  use 
whether  the  same  was  made,  executed  or  acknowledged  in 
accordance  with  the  provisions  of  the  laws  of  this  State  in 
force  at  the  time  of  making  the  same  or  not. 

^733.  A copy  of  any  City  or  Town  plat  or  addition  tlieieto 
recorded  in  the  manner  provided  for  in  the  preceding  sec- 
tion, certified  by  the  County  Auditor  of  the  County  in  which 
the  same  is  recorded  to  be  a true  copy  of  such  record  and 
the  whole  thereof  shall  be  received  in  evidence  in  all  the 
courts  of  this  State  with  like  affect  as  the  original. 


Streets,  lots, 
etc.,  in  incor- 
porated town 
proceedin  g s 
for  vacation 
of— 


Unimproved 
towns  or  ad- 
ditions, how 
vacated — 


Defective 
plats  legaliz- 
ed 


Copy  of  plat 
o r addition 
Effect  of  as 
evidence — 


32 


GENERAL  LAWS. 


New  survey 
and  plat  to  be 
in  a d e and 
filed  when. 
Effect  of— 


Incorporated 
cities  to  regu- 
late future 
surveys  and 
plats. 


Effect  of  do- 
nation where 
mar  k e d or 
noted  on  plat. 


#756.  Whenever  the  recorded  plat  of  any  City  or  addition 
thereto  does  not  definitely  show  the  location  or  size  of  lots 
or  blocks  or  the  location  or  width  of  any  street  or  alley  in 
such  City  or  addition,  the  City  Council  of  the  City  in  which 
the  land  so  platted  is  located  is  hereby  authorized  and  em- 
powered by  ordinance,  and  the  action  of  its  proper  officers, 
to  cause  a new  and  correct  survey  and  plat  of  such  City  or 
addition  to  be  made  and  recorded  in  the  office  of  the  County 
Auditor  of  the  County  in  which  such  City  or  addition  is  lo- 
cated, which  corrected  plat  shall  follow  the  plan  of  the  ori- 
ginal survey  and  plat  .so  far  as  the  same  can  be  ascertained 
and  followed  and  a certificate  of  the  officer  or  surveyor  mak- 
ing the  same  shall  be  endorsed  thereon  referring  to  the  orig- 
inal plat  corrected  thereby  and  the  defect  existing  therein 
and  corrected  by  such  new  survey  and  plat;  and  the  ordi- 
nance authorizing  the  making  of  such  plat  shall  be  recorded 
in  the  office  of  the  County  Auditor  of  said  County  and  said 
certificate  shall  show  where  said  ordinance  is  recorded;  and 
such  plat  when  so  made  and  recorded  or  a copy  thereof 
certified  or  provided  in  section  seven  hundred  and  fifty-five 
shall  be  admissable  in  evidence  in  all  the  courts  of  this 
State. 

£757 • All  incorporated  cities  in  the  State  of  Washington 
are  hereby  authorized  and  empowered  to  regulate  and  pre- 
scribe the  manner  and  form  of  making  any  future  survey  or 
plat  of  lands  within  their  respective  limits  and  enforce  such 
regulations  by  a fine  of  not  exceeding  one  hundred  dollars 
to  be  recovered  by  and  in  the  name  of  such  City,  or  im- 
prisonment not  exceeding  twenty  days  for  each  violation  of 
anv  ordinance  regulating  such  survey  and  platting;  provid- 
ed, that  nothing  in  this  Chapter  shall  be  construed  so  as  to 
apply  to  additions  to  towns  in  which  no  lots  have  be  sold. 

£758.  Every  donation  or  grant  to  the  public  or  to  any  in- 
dividual or  individuals,  religious  society  or  societies  or  to 
any  corporation  or  body  politic,  marked  or  noted  as  such 
on  the  plat  of  the  town  or  wherever  such  donation  or  grant 
may  have  been  made  shall  be  considered  to  all  intents  and 
purposes,  as  a quit-claim  deed  to  the  said  donee  or  donees, 
grantee  or  grantees  for  his,  her  or  their  use  for  the  purposes 
intended  by  the  donor  or  donors,  grantor  or  grantors  as 
aforesaid. 


TITLE  IX,  CHAPTER  XIII,  i HITE’S  CODE. 


OF  DAMAGE  CAUSED  BY  CHANGE  OF  GRADE. 

#759*  When  the  grade  of  any  street  or  sidewalk  in  any 
City  or  incorporated  Village  shall  be  established  by  the  cor- 
porate authority  of  such  City  or  Village,  and  a building 
shall  thereafter  be  constructed  upon  said  street,  no  change 
shall  be  made  in  the  grade  of  such  street  or  sidewalk  which 
shall  require  the  raising  or  lowering  of  any  building  so  con- 
structed, until  the  damages  which  may  accrue  by  reason  of 
such  raising  or  lowering  shall  be  appraised  and  ascertained 
as  is  hereinafter  provided. 

§760.  In  case  the  corporate  authority  of  such  City  or  Vil- 
lage and  the  owner  of  such  building  shall  be  unable  to 
agree  upon  the  amount  of  such  damages,  such  authority 
shall  appoint  three  disinterested  freeholders  of  such  City 
or  Village  to  appraise  such  damages.  The  appraisers  so 
appointed,  after  being  duly  sworn,  shall  appraise  such  dam- 
age and  make  two  written  reports  thereof,  signed  by  at  least 
a majority  of  them,  one  of  which  shall  be  delivered  to  the 
Clerk  of  such  City  or  Village,  to  be  immediately  filed  in  his 
office,  and  the  other  to  the  owner  of  the  building. 

§761.  Such  report  shall  be  made  and  delivered  within  ten 
days  after  the  appointment  of  the  appraisers. 

£762.  Within  twenty  days  alter  the  filing  of  the  report 
with  the  Clerk,  either  party  feeling  dissatisfied  with  such 
appraisement  may  file  in  the  office  of  the  Clerk  of  the  Su- 
perior court  within  the  County  in  which  said  City  or  Town 
is  located,  a copy  of  such  report,  certified  by  the  Clerk  of 
such  City  or  Village,  whereupon  the  Clerk  of  the  Superior 
court  shall  cause  the  same  to  be  entered  on  the  trial  docket. 
Such  City  or  Village  shall  be  plaintiff  and  the  owner  of  the 
building  shall  be  defendant;  the  question  of  damages  shall 
be  tried  by  a jury,  or,  with  the  consent  of  the  parties,  by 
the  court. 

§763.  The  report  of  the  appraisers  shall  be  the  complaint 
and  the  defendant  may  file  such  pleadings  as  the  court  may 
allow. 

§764.  In  case  the  owner  of  the  building  takes  the  appeal 
and  the  damages  are  not  increased,  or  in  case  the  City  or 
Village  takes  the  appeal  and  the  damages  be  decreased  in 


Dama  g e in 
street  grad- 
ing. Provi- 
sion for  pay- 
ment of— 


A p p r a ise- 
ment  of  dam- 
ages. 


Time  for  re- 
port to  be 
made 

Right  i>f  ap- 
peal. 


Pleadings,  of 
what  1o  con- 
sist. 

Taxation  of 
costs,  pay- 
ment of. 


34 


GENERAL  LAWS. 


Payment  of 
damages  by 
City  or  Town. 


Charters  and 
ordinances  as 
evidence. 


Pleading  the 
existence  o f 
City  or  Town. 

Pleading  or- 
din ance  of 
City  or  Town 
Judicial  no- 
tice. 


the  Superior  court,  the  costs  shall  be  taxed  to  the  defend- 
ant. In  all  other  cases,  and  in  case  no  appeal  is  taken,  all 
cost  shall  be  taxed  to  and  paid  by  the  City  or  Village. 

£765.  The  damages  awarded  by  the  appraisers  or  assessed 
by  the  jury  or  court  in  case  of  appeal,  shall  be  paid  by  the 
City  or  Village  in  the  same  manner  that  other  debts  or 
liabilities  of  such  City  or  Village  are  paid. 


TITLE  IX,  CHAPTER  XIV,  1 HILL’S  CODE. 

GENERAE  PROVISIONS  WITH  RESPECT  TO  CHARTERS  AND  ~ 
ORDINANCES. 

£766.  All  ordinances  passed  by  any  City  Council  or  board 
of  trustees,  or  other  municipal  corporation,'  within  the 
State  of  Washington,  shall  be  recorded  in  a book  to  be 
kept  for  that  purpose  by  the  City  Clerk,  or  clerk  of  such 
board  of  trustees  or  municipal  corporation  of  such  City,  and 
when  so  recorded  the  record  thereof  so  made  shall  be  re- 
ceived in  any  court  of  this  State  as  pritna  facie' evidence  of 
the  due  passage  of  such  ordinances  as  recorded,  and  this 
chapter  shall  apply  as  well  to  all  ordinances  heretofore  as 
hereafter  so  passed  and  recorded.  And  when  the  ordinances 
of  any  City  or  Town  are  printed  by  authority  of  such  mu- 
nicipal corporation,  the  printed  copies  thereof  shall  be  re- 
ceived as  prima  facie  evidence  that  such  ordinances,  as 
printed  and  published,  were  duly  passed. 

£767 . In  pleading  the  existence  of  any  City  or  Town  in  this 
State  it  shall  be  sufficient  to  state  in  such  pleading  that  the 
same  is  an  existing  City  or  Town, incorporated  or  organized 
under  the  laws  of  the  State  of  Washington. 

£768.  In  pleading  any  ordinance  of  a City  or  Town  in  this 
State  it  shall  be  sufficient  to  state  the  title  of  such  ordi- 
nance and  the  date  of  its  passage,  whereupon  the  court 
shall  take  judicial  knowledge  of  the  existence  of  such  ordi- 
nance, and  the  tenor  and  effect  thereof. 


GENERAL  LAWS 


35 


TITLE  XXXIII,  i HILL’S  CODE. 

BOND  OF  CONTRACTORS  FOR  SECURITY  OF  LABORERS. 

^2415.  Whenever  the  Board  of  County  Commissioners  of 
any  County  of  this  State  or  the  Mayor  and  Common  Coun- 
cil of  any  incorporated  City  or  Town  or  the  tribunal  trans- 
acting the  business  of  any  municipal  corporation,  shall  con- 
tract with  any  person  or  persons  to  do  any  work  of  an}- 
character,  which  if  performed  for  an  individual  a right  of 
lien  would  exist  under  the  law,  or  make  any  improvement 
for  such  County,  incorporated  City  or  Town,  or  other  muni- 
cipal corporation,  such  Board  of  County  Commissioners  or 
Mayor  and  Common  Council  of  any  incorporated  Town  or 
City  or  tribunal  transacting  the  business  of  any  other  muni- 
cipal corporation  shall  take  from  the  person  with  whom 
such  contract  is  made  a good  and  sufficient  bond  with  two 
or  more  sureties  who  shall  justify  as  bail  upon  arrest,  which 
bond  shall  be  conditioned  that  such  person,  shall  pay  all 
laborers,  mechanics  and  material  men,  and  persons  who 
shall  supply  such  contractor  with  provisions  or  goods  of  any 
kind,  all  just  debts  due  to  such  persons  or  to  any  person  to 
whom  any  part  of  such  work  is  given,  incurred  in  carrying 
on  such  work;  which  bond  shall  be  filed  by  such  board,  or 
Mayor  and  Common  Council  or  other  tribunal  in  the  office 
of  the  County  Auditor  in  the  County  where  such  work  is  to 
be  performed  or  improvement  made. 

2.2416.  If  any  Board  of  County  Commissioners  of  any  Coun- 
ty or  Mayor  or  Common  Council  of  any  incorporated  City 
or  Town,  or  tribunal  transacting  the  business  of  any  muni- 
cipal corporation  shall  fail  to  take  such  bond  as  herein  re- 
quired, such  County,  incorporated  City  or  Town,  or  other 
municipal  corporation  shall  be  liable  to  the  persons  men- 
tioned in  the  last  preceding  section  to  the  full  extent  and 
for  the  full  amount  of  all  such  debts  so  contracted  bv  such 
contractor. 

2.2417.  The  bond  mentioned  in  section  twenty-four  hun- 
dred and  fifteen  of  this  volume  of  general  statutes  shall  be  in 
an  amount  equal  to  the  full  contract  price  agreed  to  be  paid 
for  such  work  or  improvement  and  shall  be  to  the  State  of 
Washington,  and  all  such  persons  mentioned  in  said  section 
twenty-four  hundred  and  fifteen  shall  have  a right  of  action 
in  his, her  or  their  own  name  or  names  on  such  bond  for  the 
full  amount  of  all  debts  against  such  contractor,  or  for 


Authorities  to 
take  Bond 
from  con- 
tractors. 
When— 


Liabilit  y o f 
corporatio  n s 
for  failure  to 
take  bond. 


Co  n d i t i o n 
and  right  of 
action  upon 
bond. 


GENERAL  LAWS. 


work  done  by  such  laborers  or  mechanics  and  for  materials 
furnished  or  provisions  and  goods  supplied  and  furnished  in 
the  prosecution  of  such  work  or  the  making  of  such  improve- 
ments. 


Notk.— This  act  has  been  construed  by  the  Supreme  Court  of  Washington  as  fol- 
lows: In  Maxon  v.  School  District,  5 Wash.  142,  held  that  a laborer  or 
material  man,  in  order  to  entitle  him  to  recover  against  a corporation 
that  had  failed  to  require  the  bond  provided  for,  need  not  first  establish 
his  claim  in  a separate  action  against  the  contractor,  and  need  not  even 
make  him  a party  to  an  action  against  the  corporation. 

In  Ihrig  v.  Scott,  5 Wash.  584,  a bond  running  tothe  “Board  of  School 
Directors”  instead  of  to  the  “State  of  Washington”  as  provided  in  the 
act,  was  held  valid.  Held  further  that  this  act  provides  a remedy  for 
those  furnishing  materials  as  sub-contractors 

I11  Clough  v Graves,  7 Wash.  279,  this  act  held  not  to  apply  to  street 
grading  contracts,  there  being  no  lien  for  such  work  if  performed  for  an 
individual. 

I11  Wadsworth  v.  School  District,  7 Wash.  485,  an  action  against  a 

school  district  for  not  taking  a sufficient  bond,  held  that  the  failure  of 

sureties  to  justify  as  to  their  financial  responsibility  is  not  fatal  irregu- 
larity; that  such  bond  is  not  inoperative  because  made  to  the  school  dis- 
trict instead  of  to  the  State  of  Washington;  that  it  is  not  necessary  that 
such  bond  be  placed  on  file  with  the  County  Auditor  prior  to  the  furuish- 
ing  of  materials  to  the  contractor  in  order  to  relieve  the  school  district 
from  liability. 

In  Fischer  v.  Ouigley.  S Wash.  327,  held  that  an  action  upon  such  a 
bond  is  not  barred  by  the  procuring  of  a prior  judgment  against  the 
contractor. 

In  Wallace  v.  Skagit  County,  8 Wash. 457,  the  construction  ofalocal 
ditch  held  not  to  be  such  an  improvement  as  to  require  the  taking  ot 
a bond  under  this  act. 


GENERAL  LAWS 


37 


CHAPTER  VIII,  LAWS  1893,  p.  12. 

AUTHORIZING  CITIES  AND  TOWNS  TO  PURCHASE,  CONSTRUCT 
ANI)  MAINTAIN  CERTAIN  PUBUIC  WORKS,  AND 
ISSUE  BONDS  THEREFOR. 

An  act  relating  to  and  authorizing  Cities  and  Towns  to 
purchase,  construct  and  maintain  waterworks,  systems  of 
sewerage,  gas  and  electric  light  plants  and  to  issue  bonds 
to  pay  therefor,  and  declaring  an  emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington  : 

That  any  incorporated  City  or  Town  within  the  State  be  and 
is  hereby  authorized  to  construct  or  condemn  and  pur- 
chase. or  purchase  or  add  to  and  maintain  water  works  with- 
in or  without  the  City  limits  for  the  purpose  of  furnishing 
the  City  and  the  inhabitants  thereof  with  an  ample  supply 
of  water  for  all  purposes  and  to  construct  and  maintain  a 
system  of  sewerage  with  full  jurisdiction  and  authority  to 
manage,  regulate  and  control  the  same  beyond  the  limits 
of  the  corporation,  and  to  buy  or  build  gas  works  and  elec- 
tric light  plants  for  the  purpose  of  lighting  streets  and  public 
places, and  supplying  lights  to  the  inhabitants  of  such  Cities 
and  Towns  with  full  authority  to  regulate  and  control  the 
same. 

Whenever  the  City  Council  or  Board  ofTrustees  of  any  sucli~ 
City  or  Town  shall  deem  it  advisable  that  the  City  or  Town, 
of  which  they  are  such  officers,  shall  exercise  the  authority 
hereby  conferred  upon  them  in  relation  to  water  works, 
sewerage  or  works  for  lighting  purposes,  any  or  all  thereof, 
the  corporation  shall  provide  therefor  by  ordinance  which 
shall  specify  and  adopt  the  system  or  plan  proposed  and 
declare  the  estimated  cost  thereof  as  near  as  may  be,  and 
the  same  shall  be  submitted  for  ratification  or  rejection  to 
the  qualified  voters  ot  said  City  at  a special  election,  of 
which  thirty  days  notice  shall  be  given  in  the  newspaper 
doing  the  City  printing  by  publication  in  each  issue  of  said 
paper  during  said  time:  Provided,  That  if  the  said  City  or 

Town  is  to  become  indebted  or  issue  bonds  for  such  water 
works  or  sewerage  system  or  plant  or  works  for  lighting 
purposes,  the  said  proposition  and  authority  to  be,come  so 
indebted  shall  be  adopted  and  assented  to  by  tliree-fifths  of 
the  qualified  voters  of  said  City  or  Town  voting  at  said  elec- 
tion, except  as  to  the  adoption  or  rejection  of  the  system  or 
nlan  of  internal  improvements  contemplated  which  may  be 


Section  i. 


-Sec.  2. 


GENERAL  LAWS. 


38 

adopted  by  a majority  vote.  When  the  system  or  plan  has 
been  adopted  and  the  creation  of  an  indebtedness  assented 
to  as  aforesaid,  the  said  corporation  shall  be  authorized  and 
empowered  to  construct  and  acquire  the  internal  improve- 
ments contemplated  and  to  create  an  indebtedness  and  to 
issue  bonds  therefor  as  hereinafter  provided  which  said  in- 
debtedness and  bonds  shall  not  exceed  five  (5)  per  cent  of 
the  taxable  property  as  shown  on  the  last  assessment  roll  of 
the  City  or  Town  made  for  general  municipal  purposes; 
such  indebtedness  and  bonds  to  be  additional  to  all  other 
outstanding  indebtedness  of  the  City  or  Town  created  with- 
in constitutional  limits. 

Sec.  3-— Whenever  a City  or  Town  shall  be  authorized  to  issue  bonds 
the  said  bonds  shall  be  issued  in  denominations  of  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars,  shall 
be  numbered  from  one  up  consecutively,  shall  bear  the  date 
of  their  issue,  shall  be  payable  not  more  than  twenty  years 
from  date  and  shall  bear  interest  not  exceeding  six  per  cent 
per  annum,  payable  semi-annually  with  interest  coupons  at- 
tached and  the  principal  and  interest  shall  be  made  payable 
at  such  place  as  may  be  designated.  The  bonds  and  each 
coupon  shall  be  signed  bv  the  Mayor  and  attested  by  the 
Clerk  under  the  seal  of  the  City  or  Town. 

Sec.  4.  —There  shall  be  levied  each  year  a tax  upon  the  taxable  prop- 
erty of  such  City  or  Town,  as  the  case  may  be,  sufficient  to 
pay  the  interest  on  saicl  bonds  as  the  same  accrues,  and 
before  seven  years  prior  to  the  maturity  thereof  an  annual 
sinking  fund  tax  sufficient  for  the  payment  of  said  bonds  at 
maturity,  which  taxes  shall  become  due  and  collectible  as 
other  taxes. 

Sec.  5 — Said  bonds  shall  be  printed  or  engraved  or  lithographed  on 
good  bond  paper,  and  a duly  authenticated  copy  of  this  act, 
together  with  the  ordinance  of  the  City  or  Town  authoriz- 
ing and  directing  such  special  election  shall  be  printed  on 
each  bond  together  with  a statement  signed  by  the  Mayor 
and  Clerk  showing  the  result  of  said  election. 

Sec.  6.—  Such  bonds  shall  be  sold  in  such  manner  as  the  corporate 
authorities  shall  deem  for  the  best  interests  of  the  City  or 
Town.  A register  shall  be  kept  of  all  bonds  which  register 
shall  show  the  number,  date,  amount,  interest,  name  of 
payee  and  when  and  where  payable  of  each  and  every  bond 
executed,  issued  or  sold  under  the  provisions  of  this  act. 


GENERAL  LAWS. 


There  being  no  adequate  law  in  the  State  authorizing  Cities 
and  Towns  to  purchase,  construct  and  maintain  water  works, 
systems  of  sewerage,  gas  and  electric  light  plants,  and  to 
issue  bonds  to  pay  therefore,  an  emergency  exists;  there- 
fore, this  act  shall  take  effect  and  be  in  force  from  and  after 
its  approval  by  the  Governor. 

Approved,  February  to,  1893. 


This  act  is  identical  with  the  act  of  March  26,  1890,  (Laws  1.889-90.  page 
520,)  as  amended  by  the  act  of  March  9,  1891,  (Laws  1891,  page  326,)  and 
supersedes  the  same. 

An  ordinance  drawn  under  this  act  construed  in  Seymour  v.  Tacoma, 
6 Wash.  138;  Lewis  v.  Port  Angeles,  7 Wash.  190;  Moore  v.  Walla  Walla, 
60  Fed.  961. 


TITLE  IX,  CHAPTER  IX,  1 HILL’S  CODE. 

OF  DEBTS  OF  CITIES  AND  ISSUANCE  OF  BONDS  FOR 
MUNICIPAL  PURPOSES. 

£702.  Any  City  or  Town  having  a corporate  existence  in 
this  State  at  the  time  of  the  adoption  of  the  constitution 
thereof  is  hereby  authorized  and  empowered  to  borrow 
money  and  to  contract  indebtedness  in  any  other  manner 
for  general  municipal  purposes,  not  exceeding  in  amount, 
together  with  the  existing  general  indebtedness  of  such  City 
or  Town,  one  and  one-half  per  centum  of  the  taxable  prop- 
erty in  such  City  or  Town,  to  be  ascertained  by  the  last 
assessment  for  State  and  County  purposes,  previous  to  the 
incurring  of  such  indebtedness,  except  that  in  incorporated 
Cities  the  assessment  shall  be  taken  from  the  last  assess- 
ment for  City  purposes,  whenever  it  is  deemed  advisable  to 
do  by  the  City  or  Town  Council  thereof.1 

£703.  Any  such  City  or  Town  may  borrow  money  or  con- 
tract indebtedness  for  strictly  municipal  purposes  over  the 
amount  specified  in  the  preceding  section,  but  not  exceed- 
ing in  amount,  together  with  the  existing  general  indebted- 
ness five  per  centum  of  the  taxable  property  in  such  City  or 

1 If  the  liability  of  a City  is  incurred  while  its  total  liability  is  within 
the  constitutional  limit,  the  fact  that  a subsequent  valuation  places  the 
indebtedness  beyond  the  limit  will  not  invalidate  warrants  thereafter 
issued  as  evidence  of  such  liability.  Childs  v.  Anacortes,  5 Wash.  452. 


39 


Sec.  7. 


Citi  e s an  d 
Towns  may 
borrow  mon- 
ey, etc. 


Increased  in- 
debted 11  ess 
may  be  con- 
tracted, how 


40 

GENERAL  LAWS. 

Town,  to  be  ascertained  as  provided  in  the  preceding  sec- 
tion, through  the  Council  of  such  City  or  Town,  whenever 
three-fifths  of  the  voters  therein  assent  thereto  at  an  elec- 
tion to  be  held  for  that  purposes,  at  such  time,  upon  such 
reasonable  notice,  and  in  the  manner  presented  by  the  City 
or  Town  Council,  not  inconsistent  with  the  general  election 
laws.2 

Increased  $704.  Any  City  or  Town  described  in  section  seven  liun- 
lndebtedness  dred  and  two  of  this  volume  of  general  statutes  shall,  in  ad- 
for  water,  dition  to  the  power  granted  in  the  preceding  sections,  have 
light  and  the  power,  through  its  Council  to  borrow  money  or  to  con- 


sewers , 

tract  indebtedness  in  an  amount  not  exceeding  five  per 
centum  of  the  taxable  property  in  such  City  or  Town,  ascer- 
tained as  provided  in  section  seven  hundred  and  two  of  this 
volume  of  general  statutes,  for  the  purpose  of  supplving 
such  City  or  Town  with  water,  artificial  light  or  sewers, 
when  the  plant  or  plants  used  for  such  purposes  shall  be 
owned  and  controlled  by  the  City,  whenever  three-fifths  of 
voters  therein  assent  thereto  at  an  election  to  be  held  for 
that  purpose  according  to  the  provisions  of  section  seven 
hundred  and  three  of  this  volume  of  general  statutes. 

City  or  Town  #705.  Any  City  or  town  of  the  description  of  those  includ- 
may  fund  its  ed  in  section  seven  hundred  and  two  of  this  volume  of  gen- 
mdebtedness.  eral  statutes  may  fund  its  indebtedness  at  any  time  in  such 


Existing  in- 

a manner  for  such  time  and  upon  such  terms  and  interest  as 
its  Council  may  deem  advisable,  provided,  that  the  indebt- 
edness funded  shall  not,  with  all  the  existing  indebtedness, 
exceed  in  amount  one  and  one-half  per  centum  of  the  tax- 
able property  thereof,  ascertained  as  provided  in  section 
seven  hundred  and  two  of  this  volume  of  general  statutes, 
unless  such  indebtedness  shall  have  been  authorized  bv  the 
assent  of  three-fifths  of  the  voters  of  such  City  or  Town  as 
hereinbefore  provided. 

$705.  Any  indebtedness  now  owing  by  any  such  City  or 

debtedness  Town  contracted  strictly  for  municipal  purposes,  whether 
declared  valid  the  same  exceeds  the  amount  which  such  City  or  Town  was 


to  what  ex- 
tent 

' authorized  to  contract  under  its  charter  or  not,  is  hereby 
validated  and  declared  to  be  a binding  obligation  upon  such 
City  or  Town  when  the  only  ground  of  the  invalidity  of  such 

2 A majority  of  three-fifths  means  of  those  who  vote,  not  of  those  who 
have  a right  to  vote.  Metcalfe  v.  Seattle,  1 Wash.  297.  Seymour  v.  Ta- 
coma, 6 Wash.  149;  Yeslerv.  Seattle,  r Wash.  308. 

indebtedness  is  that  it  exceeds  the  amount  authorized  by 
the  Charter  of  such  City  or  Town;  provided,  that  if  said  in- 
debtedness exceeds  one  and  one-lialf  per  centum,  including 
present  indebtedness  upon  the  taxable  property  therein,  to 
be  ascertained  as  hereinbefore  provided,  then  such  indebt- 
edness shall  not  be  deemed  to  be  validated  by  this  act  till 
three-fifths  of  the  voters  of  such  City  or  Town  shall  assent 
to  the  same  at  an  election  held  for  that  purpose  in  the 
manner  provided  by  section  seven  hundred  and  three  of 
this  volume  of  general  statutes;  provided  further,  that  the 
indebtedness  ratified,  including  all  existing  indebtedness, 
shall  not  exceed  in  amount  five  per  centum  upon  the  tax- 
able property  in  such  City  or  Town, ascertained  as  hereinbe- 
fore indicated;  and  provided  further,  that  this  section  shall 
only  apply  to  indebtedness  now  existing.1 
2707.  When  this  act  comes  in  conflict  with  any  provision, 
limitation  or  restriction  in  any  local  or  special  law  or  Char- 
ter, existing  at  the  time  that  the  constitution  of  the  State 
of  Washington  was  adopted,  this  statute  shall  govern  and 
control. 

2 70S.  Kacli  and  every  incorporated  City  or  Town  in  this 
State,  and  each  and  every  City  or  Town  that  may  hereafter 
be  incorporated  in  this  State,  it  hereby  authorized  and  em- 
powered, by  and  through  its  Council  to  contract  indebted- 
ness or  borrow  money  for  strictly  municipal  purposes  on  the 
credit  of  such  corporation  and  to  issue  negotiable  bonds 
therefor,  whenever  the  Council  of  such  City  or  Town  deems 
it  advisable,  not  exceeding  an  amount  together  with  the 
existing  indebtedness  of  such  City  or  Town,  of  one  and  one 
half  per  centum  of  the  taxable  property  of  such  City  or 
Town,  to  be  ascertained  by  the  last  assessment  for  City  or 
Town  purposes  previous  to  the  incurring  of  such  indebted- 
ness; provided,  however,  that  such  Council  shall  not  create, 
audit,  allow  nor  permit  to  accrue  any  debts  or  liabilities  in 
excess  of  such  amount  except  as  hereinafter  provided. 

#709.  Whenever  the  Council  of  ail)’  such  City  or  Town  shall 
deem  it  advisable  that  such  City  or  Town  of  which  they  are 
such  officers,  shall  for  strictly  municipal  purposes  create  an 
indebtedness  or  borrow  money  and  issue  its  negotiable  bonds 
therefor  in  an  amount  which  taken  together  with  the  exist- 
ing indebtedness  of  such  City  or  Town,  exceeds  the  amount 
specified  in  the  preceding  section,  the  Council  shall  provide 


Constructio  11 
of  statute  in 
case  of  con- 
flict. 

Council  alone 
may  contract 
indebtedness 
when,  how 
and  to  what 
limit. 


Excess  ofin- 
debt  ed  n e s s 
may  be  con- 
tracted,when 
and  ho  w — 
Election  no- 
tice— 


1 Mcllryde  v.  Montesano,  7 Wash.  69. 


42 


GKNKRAL  LAWS 


Klection  how 
to  be  conduct - 
ed.  Ballots, 
form  of — 


Indebtedness 
must  be  in- 
curred and 
bonds  issued 
when.  Iyimi- 
tation  of 
amount  Pur- 
pose . 


therefor  by  ordinance,  which  ordinance  shall  state  the 
amount  of  such  indebtedness  so  desired  to  be  created,  or  the 
amount  of  money  so  desired  to  be  borrowed,  as  the  case 
may  be,  and  the  same  shall  be  submitted  for  the  ratification 
or  rejection  to  the  qualified  electors  of  such  City  or  Town 
at  a special  election  of  which  fifteen  days  notice  shall  be 
given  in  the  paper  doing  the  City  printing,  by  publication 
in  each  issue  of  said  paper  during  said  time. 

#710.  Said  election  shall  be  conducted  consistent  with  the 
general  election  laws  of  this  State.  If  the  question  sub- 
mitted at  such  election  be  that  of  creating  an  indebtedness 
other  than  that  of  borrowing  money,  the  ballots  used  shall 
contain  in  substance  the  following:  “Shall  the  City  of  or 

Town  of  (as  the  case  may  be),  for  (here  state  purpose)  incur 
an  indebtedness  of  $ ? Indebtedness.  Yes.  Indebt- 

edness. No.”  The  elector  shall  so  prepare  said  ballot  by 
striking  therefrom  the  words  “Indebtedness.  Yes.”  or 
“Indebtedness.  No”  so  that  the  remaining  portion  of  said 
ballot  shall  express  his  vote  on  said  question.  If  the  ques- 
tion submitted  at  such  election  be  that  of  borrowing  money 
and  issuing  negotiable  bonds  therefor,  the  ballots  used  shall 
contain  in  substance  the  following:  “Shall  the  City  of,  or 

Town  of,  (as  the  case  may  be)  for  municipal  purposes,  bor- 
row $ and  issue  its  negotiable  bonds  therefor  Bonds, 

yes.  Bonds,  no.”  The  elector  shall  so  prepare  said  ballot 
by  striking  therefrom  the  words,  “Bonds,  yes”  or  “Bonds, 
110,”  so  that  the  remaining  portion  of  said  ballot  shall  ex- 
press his  vote  on  said  question. 

$711.  If  tliree-fifths  of  the  legal  ballots  cast  on  said  ques- 
tion of  incurring  such  indebtedness  be  in  favor  of  “Indebt- 
edness, yes,”  the  Council  of  such  City  or  Town  must  incur 
such  indebtedness  in  due  and  legal  form.  If  three-fifths  of 
the  legal  ballots  cast  on  said  question  of  issuing  bonds  be 
in  favor  of  “Bonds,  yes,”  said  City  or  Town  shall  be  deem- 
ed to  be  authorized  to  borrow  the  amount  of  money  so  voted 
for  and  issue  its  negotiable  bonds  therefor,  and  it  shall  be 
the  duty  of  the  Council  of  such  City  or  Town  so  to  do;  sub- 
ject, however,  to  the  condition  that  the  total  indebted- 
ness herein  provided  for  shall  not  exceed  in  amount,  to- 
gether with  the  existing  indebtedness  of  such  City  or  Town, 
five  per  centum  of  the  taxable  property  of  such  City  or 
Town,  to  be  ascertained  by  the  last  assessment  of  such  City 
or  Town  for  City  or  Town  purposes,  previous  to  the  in- 
curring of  such  indebtedness;  and  provided  further,  that  no 


GENERAL  LAWS. 


43 


portion  of  the  money  by  this  act  authorized  to  be  borrowed 
shall  ever  be  used  for  other  than  strictly  municipal  pur- 
poses. 

#712.  All  bonds  whether  issued  by  authority  of  the  Coun- 
cil alone  as  in  section  seven  hundred  and  eight  of  this 
volume  of  general  statutes, such  Council  is  empowered  to  do, 
to  the  amount  therein  provided,  or  issued  in  pursuance  of 
the  special  election  herein  provided  for,  shall  be  issued  in 
denominations  of  not  less  than  one  hundred  or  more  than 
one  thousand  dollars;  shall  be  numbered  from  one  up  con- 
secutively; shall  bear  the  date  of  their  issue;  shall  be  pay- 
able not  more  than  twenty  years  from  date  and  shall  bear 
interest  not  exceeding  six  per  cent  per  annum,  payable  semi- 
annually with  interest  coupons  attached,  and  the  principal 
and  interest  shall  be  payable  at  such  place  as  may  be 
designated  in  said  bonds.  The  bonds  and  each  coupon 
shall  be  signed  by  the  Mayor  and  attested  by  the  Clerk 
under  the  seal  of  the  City  or  Town. 

£713.  Said  bonds  shall  be  printed  or  engraved  or  litho- 
graphed on  good  bond  paper,  and  a copy  of  this  act  together 
with  the  ordinance  of  the  City  or  Town  authorizing  and 
directing  such  special  election,  when  such  bonds  are  issued 
in  pursuance  of  an  election,  shall  be  printed  on  each  bond, 
together  with  a statement  signed  by  the  Mayor  and  Clerk 
of  such  City  or  Town  showing  the  result  of  such  election ; 
provided,  that  where  bonds  are  issued  by  the  Council  pur- 
suant to  section  one  of  this  act  and  without  an  election  a 
copy  of  this  act,  together  with  the  ordinance  authorizing 
the  borrowing  of  such  money  and  the  issuing  of  such  bonds, 
shall  be  printed  on  each  bond;  which  ordinance  shall  con- 
tain a statement  showing  the  assessed  valuation  of  all  the 
taxable  property  of  such  City  or  Town,  to  be  ascertained  by 
the  last  assessment  for  City  or  Town  purposes  previous  to 
the  date  of  the  passage  of  such  ordinance,  together  with  the 
amount  of  the  existing  indebtedness  of  such  City  or  Town 
at  the  date  of  the  passage  of  such  ordinance,  which  indebt- 
edness shall  include  the  amount  for  which  such  bonds  are 
issued,  and  also  a statement  signed  by  the  Mayor  and  Clerk 
of  such  City  or  Town  showing  that  such  ordinance  was 
passed  by  the  votes  of  at  least  four  Councilmen,  and  also 
the  date  of  the  approval  and  publication  ef  such  ordinance.1 

1 Bonds  shall  be  signed  by  officers  in  office  when  time  arrives  for 
execution,  though  the  bands  bear  date  prior  to  his  entry  into  office. 
Yesler  v.  Seattle,  1 Wash.  308. 


Bonds.  A- 
mounts,  d e- 
nomination  s 
interest, sign- 
atures, etc. 


Bonds,  how 
to  be  prepar- 
ed and  print- 
ed 


44 


GENERAL  LAWS. 


Bonds,  h o w 
to  be  sold. 
Register  of— 
must  be  kept 
a n d show 
what. 


Bonds.  Levy 
of  annual  tax 
to  pay  inter- 
est on. 


Reme  d v of 
botid-hol  d e r 
where  Coun- 
cil fail  to  levy 
tax  for  pay- 
ment. 


£714.  Such  bonds  shall  be  sold  in  such  manner  as  the  cor- 
porate authorties  shall  deem  for  the  best  interest  of  the  City 
or  Town.  The  Treasurer  of  such  City  or  Town  shall  keep  a 
register  of  all  bonds,  which  register  shall  show  the  number, 
date,  amount,  interest,  name  of  payee,  and  when  and  where 
payable  of  each  and  every  bond  executed,  issued  or  sold 
under  the  provisions  of  this  act. 

^715.  There  shall  be  levied  each  year  upon  the  taxable 
property  of  such  City  or  Town,  as  the  case  may  be,  in  addi- 
tion to  the  tax  for  other  purposes  in  said  City  or  Town,  a 
tax  sufficient  to  pay  the  interest  on  such  bonds  as  the  same 
accrues  and  before  seven  years  prior  to  the  maturity  there- 
of, an  annual  sinking  fund  tax  sufficient  for  the  payment  of 
said  bonds  at  maturity,  which  taxes  shall  become  due  and 
collectible  as  other  taxes. 


#716.  If  the  Council  of  any  City  or  Town  which  has  issued 
bonds  under  the  provisions  of  this  act  shall  fail,  neglect  or 
refuse  to  make  the  levy  necessary  to  pay  such  bonds  and 
interest  coupons  at  maturity,  and  the  same  shall  have  been 
presented  to  the  treasurer  of  such  City  or  Town  and  pav- 
ment  thereof  refused  because  of  such  failure,  neglect  or  re- 
fusal to  make  such  levy,  the  owner  may  file  such  bond  to- 
gether with  all  unpaid  coupons  with  the  Auditor  of  the 
County  in  which  such  Citv  or  Town  is  situated,  taking  his 
receipt  therefor,  and  the  same  shall  be  registered  in  the 
Auditor’s  office  of  such  County,  in  like  manner  and  form  as 
the  same  was  originally  registered  by  the  Treasurer  of  the 
Citv  or  Town  issuing  the  same;  and  the  County  Commis- 
sioners of  such  County  shall,  at  their  next  session  thereafter 
at  which  they  shall  levy  the  annual  County  tax  and  each 
annual  levy  thereafter,  add  to  the  County  tax  to  be  levied 
in  said  City  or  Town  a sufficient  rate  to  realize  the  amount 
of  principal  and  interest  past  due,  and  to  become  due  prior 
to  the  next  annual  levy,  and  the  same  shall  be  collected  as 
part  of  the  County  tax  and  paid  into  the  County  treasury 
and  passed  to  the  credit  of  such  City  as  a bond  tax  and  shall 
be  paid  by  the  Treasurer  of  the  said  County,  on  warrants 
drawn  by  the  County  Auditor  as  the  payments  mature,  to 
the  holder  of  such  bond  as  shown  by  the  register  of  the 
Count}'  Auditor,  until  the  same  shall  be  fully  satisfied  and 
discharged;  provided,  that  nothing  in  this  section  shall  be 


45 


GENERAL  LAWS. 


construed  to  limit  or  postpone  the  right  of  any  holder  of 
any  such  bonds  to  resort  to  any  other  remedy  which  such 
holder  might  otherwise  have. 


2717.  The  provisions  of  this  act  shall  not  be  construed  as 
applying  to  borrowing  money  and  issuing  bonds  by  any 
City  or  Town  for  the  purpose  of  supplying  such  City  or 
Town  with  water,  artificial  light  and  sewers,  or  either,  or 
both  or  all  such  water  works,  artificial  light  or  sewers,  where 
the  works  for  supplying  such  water,  light  and  sewers,  shall 
be  owned  and  controlled  by  such  City  or  Town,  but  in  all 
things  relating  to  such  named  purposes  the  provisions  and- 
amendments  thereto  of  an  act  entitled,  “An  act-authorizing 
Cities  and  Towns  to  construct  internal  improvements  and 
to  issue  bonds  to  pay  therefor,  and  declaring  an  emergency,’’ 
which  said  act  was  approved,  March  twenty-sixth,  eighteen 
hundred  and  ninety,  shall  be  and  remain  in  full  force  and 
effect. 


£718.  The  provisions  of  this  act  shall  not  be  construed  as 
in  any  manner  applying  to  Cities  of  the  first  class. 


£.719.  Any  City  or  Town  now  having  a corporate  existence  in 
this  State  may  ratify  in  the  manner  prescribed  in  this  act, 
the  attempted  incurring  of  any  indebtedness  of  such  City  or 
town  bv  the  issuing  of  warrants,  making  of  contracts  or  the 
creation  of  other  evidences  of  indebtedness  011  the  part  of 
such  City  or  Town  by  the  corporate  autliorties  thereof,  at 
any  time  prior  to  the  passage  of  this  act,  when  the  only 
ground  of  the  invalidity  of  such  indebtedness  so  to  be  rati- 
fied is  that  at  the  time  of  such  attempted  incurring  thereof, 
the  same,  together  with  all  other  then  existing  indebted- 
ness of  such  City  or  Town,  exceeded  one  and  one-half  per 
centum  of  the  taxable  property  in  such  City  or  Town  as- 
certained by  the  last  assessment  for  City  or  Town  purposes, 
previous  to  the  attempted  incurring  of  such  indebtedness, 
and  that  such  indebtedness  was  so  attempted  to  be  incurred 
without  the  assent  of  three-fifths  of  the  voters  therein  vot- 
ing at  an  election  held  for  that  purpose. 


Provisions  of 
this  act.  How 
to  be  con- 
strued. 


Same.  Shall 
not  apply  to 
Cities  of  first- 
class. 

Mu  n i cipa 1 
corporation  s 
may  ratify 
attempted  in- 
curring' of  in- 
debted n ess, 
when 


46 


GENERAL  LAWS, 


Ratification  #720.  Whenever  the  City  Council  or  other  legislative  body 
of  attempted  of  any  such  City  or  Town  shall  deem  it  advisable  that  the 
incurring  of  ratification  authorized  by  this  act  shall  be  obtained,  the  cor- 
poration shall  provide  therefor  by  ordinance  which  shall 
specify  separately  the  amount  of  each  distinct  class  of  in- 
debtedness so  as  to  be  ratified,  the  date  or  period  of  the  at- 
tempted incurring  by  the  corporate  authorities  of  each 
separate  class  thereof,  and  the  general  nature  of  the  indebt- 
edness comprised  in  each  such  distinct  clas9  and  shall  provide 
for  the  holding  of  an  election  for  that  purpose  of  which 
thirty  days  notice  to  be  provided  for  in  such  ordinance, 
shall  be  given  in  the  official  newspaper  or  newspapers  of 
such  City  or  Town,  at  which  the  attempted  incurring  of  such 
indebtedness  shall  be  submitted  to  the  voters  of  such  City 
or  Town  fo*r  ratification  or  disapproval.  Each  distinct  class 
of  such  indebtedness  so. specified  shall  be  the  subject  of  a 
distinct  vote  in  favor  of  or  against  the  ratification  thereof, 
and  such  vote  shall  designate  the  class  of  indebtedness  re- 
ferred to  by  the  description  thereof  used  and  the  amount 
specified  in  the  ordinance. 

Indebtedness  $721.  If  at  an  election  held  as  provided  for  in  section  seven 
becomes  valid  hundred  and  twenty  of  this  volume  of  general  statutes, 
and  binding,  three-fifths  of  the  voters  in  such  City  or  Town  voting  at 
obligation,  such  election  shall  vote  in  favor  of  the  ratification  of  any 
when  - distinct  class  of  such  indebtedness  specified  in  the  ordinance 

providing  for  such  election  then  such  indebtedness  so  ratified, 
shall  thereby  become  and  is  hereby  declared  to  be  validated 
and  a binding  obligation  upon  such  City  or  Town,  when  the 
only  ground  of  the  previous  invalidity  of  such  indebtedness  is 
that  at  the  time  of  the  incurring  thereof  so  ratified,  the 
same  together  with  all  other  then  existing  indebtedness  of 
such  City  or  Town  exceeded  one  and  one-half  per  centum 
of  the  taxable  property  in  such  City  or  Town,  ascertained 
by  the  last  previous  assessment  for  City  or  Town  purposes; 
provided,  that  neither  anything  in  this  act  contained,  nor 
the  vote  cast  at  any  such  election  shall  be  deemed  to  vali- 
date or  authorize  any  indebtedness  which,  together  with  all 
other  indebtedness  of  such  City  or  Town,  existing  at  the 
time  of  the  attempted  incurring  of  the  same,  exceeded  any 
constitutional  limitation  of  indebtedness  which  might  be  in- 
curred  with  the  assent  of  three-fifths  of  the  voters  in  such 
City  or  Town  voting  at  an  election  to  be  held  for  that  pur- 
pose, and  provided  further,  that  this  act  shall  apply  only 


47 


GENERAL  LAWS. 

to  indebtedness  attempted  to  be  incurred  prior  to  the  pass- 
age hereof.1 

£722.  At  any  election  which  may  be  held  in  any  City  or 
Town  in  this  State  in  accordance  with  the  constitution  and 
laws  thereof,  for  the  purpose  of  voting  upon  the  question  of 
ratifying  any  indebtedness  of  such  City  or  Town,  thereto- 
fore attempted  to  be  incurred  by  such  City  or  Town,  such 
City  or  Town  may  submit  to  the  voters  thereof,  any  proposi- 
tion to  fund  such  indebtedness  so  sought  to  be  ratified,  or 
any  existing  indebtedness  of  such  City  or  Town,  or  both. 
The  proposition  to  ratify  such  indebtedness  and  the  propo- 
sition to  fund  the  same  may  be  submitted  to  the  voters  in 
such  City  or  Town  by  the  corporate  authorities  thereof  in 
the  same,  or  in  separate  ordinances,  as  may  be  required  or 
permitted  by  law;  but  the  proposition  to  fund  shall  be  the 
subject  of  a distinct  vote  in  favor  of  or  against  the  same, 
separate  from  the  vote  upon  the  proposition  to  ratify,  and 
separate  from  the  vote  upon  a proposition  to  fund  any  part 
of  such  indebtedness  as  to  which  a proposition  to  ratify  is 
not  submitted. 

£723.  If  at  any  such  election  any  such  indebtedness  so 
proposed  to  be  ratified  shall  be  validated  in  accordance  with 
the  requirements  of  the  Constitution  and  statutes  of  this 
State,  any  vote  cast  at  such  election  in  accordance  with  the 
requirements  of  section  seven  hundred  and  twenty-two  of 
this  volume  of  general  statutes,  upon  a proposition  to  fund 
said  indebtedness  so  validiated  by  the  issuing  of  bonds 
therefor,  shall  have  the  same  effect  as  an  assent  to  or  dis- 
sent from  the  funding  of  such  indebtedness,  as  if  such  in- 
debtedness had  been  validated  previously  to  the  passage  of 
the  ordinance  submitting  such  proposition  to  fund  the 
same.2 


t March  7,  1891. 

2 The  foregoing  act  held  constitutional  and  its  various  sections 
fully  discussed  in  Baker  v.  Seattle, '2  Wash.,  576. 


Funding  o r 
ratifying 
debt.  Qu  e s- 
tiou  of,  how 
may  be  sub- 
mitted. 


Effect  of  vote 
upon  proposi- 
tion to  fund 
validated  in- 
debtedness. 


/ 


48 


Bonds  in  a y 
be  refunded 
when 


Requisites  of 
bonds.  When 
payable,  in- 
terest, etc. 


Levy  of  an- 
nual tax  to 
pay  interest 
on  bonds. 


H o w bonds 
shall  be 
printed  and 
endorsed. 


Sale  of  bonds 
and  applica- 
tion of  pro- 
ceeds. 


GENERAL  LAWS. 

TITLE  L,  CHAPTER  III,  i HILL’S  CODE,  p.  916. 

OF  BONDS  TO  REFUND  INDEBTEDNESS. 

£2691.  All  bonds  heretofore  issued  by  any  County  or  City 
may  be  refunded  in  the  discretion  of  the  County  Commis- 
sioners of  the  County  or  Common  Council  of  the  City,  in 
the  manner  hereinafter  provided,  whenever  there  is  not 
sufficient  money  in  the  treasury  of  such  County  or  City  to 
pay  such  bonds  and  legally  applicable  thereto. 

£2692  Said  bonds  shall  be  in  denominations  of  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars,  shall 
be  numbered  from  one  up  consecutively,  shall  bear  the  date 
of  their  issue,  shall  be  made  payable  not  more  than  twenty 
years  from  date  and  shall  bear  interest  at  a rate  not  exceeding 
seven  per  cent  per  annum,  payable  semi-annually,  with  in- 
terest coupons  attached,  and  the  principal  and  interest  shall 
be  made  payable  at  such  place  as  may  be  designated.  The 
bonds  and  each  coupon  shall  be  signed  by  the  Chairman  of 
the  board  of  County  Commissioners,  and  attested  by  the 
Clerk  under  the  seal  of  the  Commissioners,  or,  in  case  of 
Cities,  by  the  Mayor,  am?  attested  by  the  City  Clerk  under 
the  seal  of  the  City. 

£2693.  There  shall  be  levied  each  year  a tax  upon  the  tax- 
able property  of  such  County  or  City,  as  the  case  may  be, 
sufficient  to  pay  the  interest  on  said  bonds  as  the  same  ac- 
crues, and  before  five  years  prior  to  the  maturity  thereof, 
an  annual  sinking  fund  tax  sufficient  for  the  payment  of 
said  bonds  at  maturity,  which  taxes  shall  become  due  and 
collectible  as  other  taxes. 

$2694.  Said  bonds  shall  be  printed  or  engraved  or  litho- 
graphed 011  good  bond  paper,  and  a duly  authenticated  copy 
of  this  act,  together  with  the  resolution  of  the  board  of 
County  Commissioners  or  Common  Council  of  the  City  au- 
thorizing and  directing  the  issuance  of  the  same,  shall  be 
printed  on  the  back  of  each  bond. 

#2695.  The  bonds  issued  under  and  by  virtue  of  this  chapter 
shall  not  be  sold  or  exchanged  at  less  than  their  par  value, 
and  all  moneys  derived  from  the  sale  of  such  bonds  shall 
be  immediately  applied  to  the  redemption  of  outstanding 
bonds,  so  far  as  such  moneys  can  be  applied,  and  after  such 
outstanding  bond  shall  have  been  so  refunded,  they  shall 
be  so  endorsed  in  red  ink  with  the  words  “ Refunded  bond,” 


GENERAL  LAWS. 


49 


and  filed  and  preserved  for  one  year,  and  shall  then  be  des- 
troyed in  the  presence  of  witnesses,  and  the  Clerk,  the 
Commissioners  or  City  shall  keep  a record  of  such  bonds  so 
refunded,  and  shall  note  therein  the  date  of  the  refunding 
and  destruction  of  the  same,  and  in  whose  presence  they 
were  destroyed. 

2 2696.  A register  sliall  be  kept  of  all  bonds,  which  register  Bond  register 
shall  show  the  number,  date,  amount,  interest,  name  of  to  be  kept 
pavee,  and  when  and  where  payable,  of  each  and  every  bond  alld  to  show- 
executed,  issued  or  sold  under  the  provisions  of  this  chapter,  what— 


CHAPTER  XCVI,  LAWS  1893,  p.  231. 

BONDS  TO  BE  ISSUED  FOR  INTERNAL,  IMPROVEMENTS  IN 
CITIES  AND  TOWNS. 

An  Act  relating  to  internal  improvements  in  Cities,  author- 
izing the  issuance  and  collection  of  bonds  upon  the 
property  benefited  by  local  improvements,  and  declar- 
ing an  emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  i.  That  whenever  the  Mayor  and  Council  of 
any  City  shall,  under  authority  vested  in  them  by  any  law 
of  this  State  and  the  charter  of  such  City-,  cause  any  street, 
avenue  or  alley-  in  such  City  to  be  graded,  curbed,  guttered, 
paved,  repaired,  or  macadamized  or  re-macadamized,  plank- 
ed or  re-planked,  or  any  sewer  to  be  constructed  or  make 
any  other  local  improvements,  the  expense  of  which  is 
chargeable  to  the  abutting,  adjoining,  contiguous  or  approxi- 
mate property,  they  may,  in  their  discretion,  provide  for  Provision  for 
the  payment  of  the  cost  and  expense  thereof  by  install-  payment  of 
ments,  instead  of  levying  the  entire  tax  of  special  assess-  expenses  in 
merits  for  such  costs  at  one  time,  and  for  such  installments  installments, 
they  may  issue  in  the  name  of  the  City  improvement  bonds 
of  the  district,  which  shall  include  the  adjoining,  contigu- 
ous and  approximate  property  liable  to  assessment  for  such 
local  improvement  according  to  the  City  charter,  pay-able 
in  installments  of  equal  amounts  each  y-ear,  none  of  which 
bonds  nor  any  of  the  installments  thereof  shall  run  longer 
than  ten  years  nor  bear  interest  exceeding  nine  per  centum 


GENERAL  LAWS. 


5o 

Bonds  may 
be  issued  to 
contractor  or 
sold. 


A m ount  of 
bonds  issued. 


Assessments 
levied  and 
collected, 
how — 


Basis  of  as- 
sessment. 


How  proper- 
ty may  be  re- 
deemed from 
asses s m ent 
charge. 


per  annum  Such  bonds  may  be  issued  to  the  contractor 
constructing  the  improvement  in  payment  thereof,  or  the 
Mayor  or  Council,  or  by  charter  and  ordinance  of  said  City, 
other  authorized  officer  or  officers  of  said  City  may  sell  the 
same  at  not  less  than  their  par  value  net,  and  pay  the  pro- 
ceeds thereof  to  the  contractor.  Such  bonds  shall  not  be  is- 
sued in  amount  in  excess  of  the  contract  price  of  the  work 
and  improvement,  except  that  the  installment  coupons  shall 
include  the  interest  on  such  installments  to  the  maturity 
thereof.  The  bonds  shall  be  of  such  denominations  as  the 
Mayor  and  Council  shall  deem  proper.  Where  district 
bonds  are  issued  under  this  act  for  improvements,  the  cost 
of  which  is  by  law  charged  by  special  assessment  against 
specific  property,  the  Mayor  and  Council,  or  other  author- 
ized officer,  board  or  body,  shall  levy  special  assessments 
each  year  sufficient  to  redeem  the  installments  of  such  bonds 
next  thereafter  maturing,  but  in  computing  the  amount  of 
special  assessment  to  be  levied  against  each  piece  of  prop- 
erty liable  therefor,  interest  thereon  at  a rate  not  exceeding 
nine  per  centum  per  annum  from  the  date  of  the  issuance 
of  said  bonds  until  the  maturity  of  the  installment  of  bonds 
next  thereafter  maturing.  Such  assessments  shall  be  made 
upon  the  property  chargeable  for  the  cost  of  such  improve- 
ments respectively,  and  shall  be  levied  and  collected  in  the 
same  manner  as  may  be  provided  by  law  and  the  charter 
and  ordinance  of  such  City  for  the  levy  and  collection  of 
special  assessments  for  such  improvements  where  no  bonds 
are  issued  except  as  otherwise  provided  by  this  act  But 
the  basis  of  such  assessment,  whether  upon  assessed  valua- 
tion, frontage  or  otherwise  liable  for  such  costs  shall  be  re- 
tained for  the  assessment  of  succeeding  installments  of  said 
bonds.  The  owner  of  any  piece  of  property  liable  to  any 
such  special  assessment  may  redeem  his  property  from  such 
liability  by  paying  the  entire  assessment  chargeable  against 
his  property,  (upon  the  City  Clerk  mailing  him  a written  or 
printed  notice  ) thirty  days  before  the  issuance  of  the 
bonds,  or  after  the  issuance  of  the  bonds,  by  paying 
all  the  installments  of  the  assessments  which  have 
been  levied  and  also  the  amount  of  unlevied  install- 
ments with  interest  on  the  latter  at  the  rate  of  eight  per 
ceutum  per  annum,  from  the  date  of  the  issuance  of  the 
bonds  to  the  time  of  maturity  of  the  last  installment.  I11  all 
cases  where  installments  of  assessments  not  yet  levied  and 
paid  as  above  provided,  whether  before  or  after  the  issuance 


GENERAL  LAWS 


5 


of  the  bonds, the  same  shall  be  paid  to  the  City  Treasurer,  who 
shall  receipt  therefor  and  all  sums  so  paid  shall  be  applied 
solely  to  the  payment  of  such  improvements  or  the  redemp- 
tion of  the  bonds  issued  therefor.  Where  any  piece  of 
property  has  been  redeemed  from  liability  for  the  cost  of 
any  improvement  as  herein  provided,  such  property  shall 
not  thereafter  be  liable  for  further  special  assessment  for 
the  cost  of  such  improvement,  except  as  hereinafter  provid- 
ed. No  suit  to  set  aside  the  said  special  assessment  or  to 
enjoin  the  making  of  the  same  shall  be  brought  nor  any  de- 
fense to  the  validity  thereof  be  allowed  after  the  expiration 
of  thirty  days  from  the  time  the  amount  due  on  each  lot  or 
piece  of  ground  liable  for  such  assessment  is  ascertained 
and  confirmed  by  the  Council.  The  funds  raised  by  such 
assessments  shall  be  applied  solely  towards  the  redemption 
of  said  bonds. 

SEC.  2.  Such  bonds  when  issued  to  the  contractor  con- 
structing the  improvement  in  payment  therefor,  or  when 
sold  as  above  provided,  shall  transfer  to  the  contractor  or 
other  owner  or  holder  all  the  right  and  interest  of  such  City 
in  and  with  tile  respect  to  every  such  assessment,  and  the 
lien  thereby  created  against  the  property  of  such  owners  as- 
sessed as  shall  not  have  availed  themselves  of  the  provisions 
of  this  act  in  regard  to  the  redemption  of  their  property  as 
aforesaid,  shall  authorize  said  contractor  and  his  assigns, 
and  the  owners  and  holders  of  said  bonds  to  receive,  sue  for 
and  collect  or  have  collected  every  such  assessment  em- 
braced in  such  bond  by  or  through  any  of  the  methods  pro- 
vided by  law  for  the  collection  of  assessments  for  local  im- 
provements. And  if  the  City  shall  fail,  neglect  or  refuse  to 
pay  said  bonds,  or  to  promptly  collect  any  of  such  assess- 
ments when  due,  the  owner  of  any  such  bonds  may  proceed 
in  his  own  name  to  collect  such  assessment  and  foreclose 
the  lien  thereof  in  any  court  of  competent  jurisdiction,  and 
shall  recover  in  addition  to  the  amount  of  such  bonds  and 
interest  thereon  at  five  per  centum,  together  with  the  costs  of 
such  suit.  Any  number  of  holders  of  such  bonds  for  any 
single  improvement  may  join  as  plaintiffs,  and  any  number 
of  owners  of  the  property  on  which  the  same  are  a lien  may 
be  joined  as  defendants  in  such  suit.  • And  such  bonds  shall 
be  equal  liens  upon  the  property  for  the  assessments  repre- 
sented by  such  bonds  without  priority  of  one  over  another 
to  the  extent  of  the  several  assessments  against  the  several 
lots  and  parcels  of  land. 


Suit  to  e 11- 
join  or  set  a 
side  ma}-  not 
b e broug  h t 
after  thirty 
days. 


Bonds  issued 
to  contractor 
transfer 
City’s  lien-011 
the  property. 


Foreclo  su  r e 
of  lien. 


52 


GENERAL  LAWS. 


Council  may 
re-assess. 


Remedy  fo  r 
non-payment 
of  bonds  con- 
fined to  e n- 
forcement  of 
assessments . 


Sec.  3.  That  ill  all  cases  of  special  assessment  for  local 
improvements  of  any  kind  against  any  property,  persons, 
or  corporations  whatsoever  wherein  said  assessments  have 
failed  to  be  valid  in  whole  or  part  for  want  of  form  or  in- 
sufficiency, informality  or  irregularity  or  non-conformance 
with  the  charter,  provisions  or  law  governing  such  assess- 
ments, the  City  Council  or  other  authorized  board  or  body 
shall  be  and  they  are  hereby  authorized  to  re-assess  such 
special  taxes  or  assessments,  and  to  enforce  their  collection 
in  accordance  with  the  provisions  of  law  existing  at  the 
time  the  re-assessment  is  made.  And  it  is  further  provided, 
that  whenever,  for  any  cause,  mistake  or  inadvertence  the 
amount  assessed  shall  not  be  sufficient  to  pay  the  cost 
of  the  improvement  made  and  enjoyed  by  owners  of 
property  in  the  local  assessment  district  where  the  same  is 
made,  that  it  shall  be  lawful  and  the  City  Council  or  other 
authorized  board  or  body  is  hereby  directed  and  authorized 
to  make  re-assessments  on  all  the  property  in  said  local  as- 
sessment district  sufficient  to  pay  for  such  improvement,  such 
re-assessment  to  be  made  and  collected  in  accordance  with 
the  provisions  of  the  law  or  ordinance  existing  at  the  time 
of  its  levy. 

SEC.  4.  That  nothing  herein  shall  be  construed  as  repeal- 
ing or  modifying  any  existing  manner  and  method  for  Cities 
of  the  first-class  to  make  improvements  as  herein  provided 
for,  but  shall  be  construed  as  an  additional  and  concurrent 
power  and  authority.  Aliy  City  whose  charter  provides  for 
the  issuance  of  bonds  for  local  improvements  payable  only 
from  the  proceeds  of  special  assessments,  is  hereby  authoriz- 
ed to  issue  such  bonds  in  the  manner  and  with  the  effect 
provided  in  such  charter,  and  the  holder  of  any  such  bond 
shall  look  only  to  the  fund  provided  by  such  assessment  for 
the  principal  or  interest  of  such  bond. 

Sec.  5.  The  holder  of  any  bond  issued  under  the  author- 
ity of  this  act  shall  have  no  claim  therefor  against  the  City 
by  which  the  same  was  issued  in  any  event  except  from  the 
collections  of  the  special  assessments  made  for  the  improve- 
ment for  which  such  bond  was  issued,  but  his  remedy  in 
case  of  no  payment,  shall  be  confined  to  the  enforcements 
of  such  assessments.  A copy  of  this  section  shall  be  plainly 
written,  printed  or  engraved  on  the  face  of  each  bond  so 
issued. 


53 


GENERAL  LAWS. 


SEC.  6.  Whereas  there  is  no  law  providing  for  the  estab-  Emergency 
lishment  of  local  improvement  districts  in  the  Cities  of  this 
State  and  whereas  the  establishment  of  such  districts  is  es- 
sential to  the  interests  of  such  Cities;  therefore  an  emergency 
is  herebv  declared  to  exist  and  this  law  shall  take  effect  anc 
be  in  force  from  and  after  its  passage  and  approvals 

Approved  March  9.  1893. 


F u n d i 11  g 

bonds,  when 
and  how 
sited. 


1S- 


CHAPTER  CLXX,  LAWS  1895,  p.  465. 

CITIK-  AND  TOWNS  TO  ISSUE 
AUTHORIZING  COl'NTlES,  Ciim- 

BONDS  to  fund  outstanding  indebtedness. 

IN  ACT  to  authorize  Counties.  Cities  and  Towns  to  issue 
bonds  to  fund  their  outstanding  indebtedness,  and  to 
provide  for  the  levy  and  collection  of  a specific  tax  to 
pay  the  principal  and  interest  on  such  bonds  and  de 
daring  an  emergency 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington : 

SECTION  1.  That  any  County,  City  or  Town  in  the  State 
of  Washington,  which  now  has  or  may  hereafter  have  an  out- 
standing indebtedness  evidenced  by  warrants  or  bonds, 
whether  issued  originally  within  the  limitations  of  the  con- 
stitution of  this  State  or  of  any  law  thereof,  or  whether  such 
outstanding  indebtedness  has  been  or  may  hereafter  be  vali- 
dated or  legalized  in  the  manner  prescribed  by  law,  may  b> 
its  corporate  authorities  provide  by  ordinance  or  resolution 
for  the  issuance  of  funding  bonds  with  which  to  take  up  and 
cancel  such  outstanding  indebtedness  in  the  manner  here- 
inafter described.  Provided,  however,  that  nothing  in 
this  act  shall  be  so  construed  as  to  prevent  any  such  County  . 

City  or  Town  from  funding  its  indebtedness  as  now  providec 

by  law. 

Sfc  2 Funding  bonds  authorized  to  be  issued  by  this  bonds,  de 

act  Shan  be  in  denominations  of  not  less  than  one  hundred  — “ 
dollars,  nor;more  than  one  thousand  dollars  and  shall  be  sig_  - ^ ^ 
ed  bv  the  following  corporate  anthorties:  When  issued  . 

a County,  the  Chairman  of  the  Board  of  County  Commis- 
sioners, countersigned  by  the  County  Treasurer  and  attest- 

■ This  act  construed  and  held  valid,  C.ermond  v.  Tacoma,  6 Wash.  365. 


54 


GENERAL  LAWS, 


ed  by  the  County  Auditor,  who  shall  affix  his  official  seal- 
when  issued  by  a City  or  Town  by  its  Mayor,  countersigned 
by  its  Treasurer  and  attested  by  its  Clerk  who  shall  affix  his 
official  seal.  They  shall  bear  interest  at  a rate  not  to 
exceed  seven  per  centum  per  annum  payable  semi-annually 
which  interest  shall  be  evidenced  by  proper  coupons  at- 
Koncls,  mail-  tached  to  each  bond.  Such  corporate  authorities  shall  bv 
ner  of  issuing  ordinance  or  resolution  provide  for  the  manner  of  issuin'*, 
and  form  of  and  tlie  form  of  said  bonds,  and  the  time  or  times  when  the 
same  shall  be  made  payable;  but  no  bonds  issued  under  this 
act  shall  be  issued  for  a longer  period  than  twenty  years,  and 
when  they  shall  be  made  payable  at  different  periods  within 
said  twenty  years,  they  shall  be  divided  into  series  not  to 
exceed  twenty  in  number,  but  there  shall  be  as  many 
series  as  there  are  different  times  of  payment  and  all 
bonds  included  in  each  series  shall  be  made  pavable  at  the 
Bonds, where  same  time.  The  principal  and  interest  may  be  made  pay- 
payable.  able  at  any  place  in  the  United  States  designated  by  the 
corporate  authorities  of  such  County,  City  or  Town.  Such 
bonds  shall  not  be  issued  to  an  aggregate  amount  in  excess 
of  the  warrants  or  other  outstanding  indebtedness  proposed 
to  be  funded  thereby  They  may  be  exchanged  at  not  less 
than  their  par  value  for  such  warrants  or  other  outstanding 
indebtedness  or  may  be  sold  at  not  less  than  their  par  value, 
and  the  proceeds  used  exclusively  for  the  purpose  of  retir- 
ing and  cancelling  such  warrants  and  interest  thereon  or 
other  indebtedness.  Provided,  that  nothing  in  this  act  con- 
tained shall  be  deemed  to  authorize  the  issuing  of  any  fund- 
ing bonds,  which,  other  than  proposed  to  be  funded"  under 
the  provisions  of  this  act,  shall  exceed  any  constitutional 
limitation  of  indebtedness  or  any  indebtednes  which 
might  be  incurred  with  the  assent  of  three-fifths  of  the 
voters  of  such  County,  City  or  Town  voting  at  an  election 
to  be  held  for  that  purpose. 


Notice  Of  Sec.  3.  Before  auy  bonds  shall  be  issued  under  the  pro- 

bond  issue  visions  of  this  act,  such  corporate  authorities  shall  cause  a 
published.  notice  of  the  proposed  issuance  of  such  bonds  to  be  given 
by  publication  in  a daily  or  weekly  newspaper  of  general 
circulation,  published  in  the  County  proposing  to  issue  such 
bonds  or  in  which  County  such  City  or  Town  is  situat- 
Notice  to  ed,  at  least  once  a wee*  for  four  consecutive  weeks.  Such 
contain  what  notice  shall  state  for  what  purpose  and  the  total  amount  for 
which  it  is  so  proposed  to  issue  bonds,  and  if  to  be  divided 
into  series,  then  into  how  many  series  the  same  are  to  be 


GENERAL  LAWS. 


55 


divided  and  the  amount  of  and  period  for  which  each  series 
is  to  run,  also  the  hour  and  day  for  considering  bids  for 
such  bonds  and  asking  bidders  to  name  the  price  and  rate 
of  interest  at  which  they  will  purchase  such  bonds,  and  if 
such  bonds  are  to  be  divided  into  series,  then  to  name  such 
price  and  rate  for  each  series  of  such  bonds  separately;  and 
at  the  time  named  in  such  notice  it  shall  be  the  duty  of  the  Bids  when 
corporate  authorities  to  meet  with  the  Treasurer  of  the  and  where 
County,  City  or  Town  proposing  to  issue  such  bonds,  at  his  opened, 
office  and  with  him  open  said  bids,  and  shall  sell  said  bonds 
to  the  person  or  persons  making  the  most  advantageous  offer 
therefor;  Provided,  however,  that  said  bonds  shall  never  be 
sold  or  disposed  of  below  par.  and  such  corporate  authori- 
ties shall  have  the  right  to  reject  any  and  all  bids,  and  if  all 
such  bids  shall  be  rejected,  such  corporate  authorities  shall 
proceed  to  advertise  readvertise  the  sale  of  said  bonds  in 
the  manner  herein  provided. 

SEC.  4.  The  corporate  authorities  of  any  such  County,  bevy  how 
City  or  Town  shall  provide  annually  by  ordinance  or  resolu-  provided  for 
tion  for  the  levy  and  extension  on  the  tax  rolls  of  such  County, 

City  or  Town  and  for  the  collection  thereof  of  a direct  an- 
nual tax  in  addition  to  all  other  County,  City  or  Town  taxes 
to  be  levied  according  to  law,  which  shall  be  sufficient  to 
meet  the  interest  on  all  of  said  bonds  promptly  as  the  same 
matures,  and  also  sufficient  to  fully  pay  each  series  of  bonds 
as  the  same  matures;  Provided,  that  such  ordinance  or  reso- 
lution shall  not  be  repealed  until  the  levy  therein  provided 
for  shall  be  fully  paid  or  the  bonds  both  principal  and  in- 


terest shall  be  paid  or  canceled 

SEC.  5.  The  Treasurer  shall  keep  a register  of  the  bonds  Treasurer  to 
issued  under  the  provisions  of  this  act  wherein  he  shall  en-  1 e g i s t e r 
ter  the  series  of  each  bond,  its  number,  date  of  issuance,  bonds  issued, 
amount,  date  of  maturity,  name  of  postoffice  address  of  pur- 


chaser and  date  of  cancellation. 

SEC.  6.  The  words  “corporate  authorities”  used  in  this  bo  rp  o rate 
act,  shall  be  held  to  mean  the  County  Commissioners,  Com-  authorities 
mou  Council  or  other  managing  body  of  any  County,  City  defined. 


or  Town. 

SEC.  7.  Whereas  an  emergency  exists  for  the  immediate 
effect  of  this  law;  therefore  this  act  shall  take  effect  im- 


Vnediately. 

Approved  March  22,  1895 


56 


GENERAL  LAWS. 


Anticipated 

revenue. 


Deficiency  re 
ported  by 
treasurer. 


Notices. 


CHAT  I ER  CXVI,  LAWS  1895,  p.  297. 

temporary  funds  for  current  expenses  of  coun- 
ties, cities,  p;tc. 

An  Act  to  authorize  Counties,  Cities,  Towns  and  school 

districts  to  provide  temporary  funds  for  current  ex- 
penses, in  anticipation  of  revenue. 

Be  enacted  bv  the  Legislature  of  the  State  of  Washington: 

Section  i.  That  any  County,  City,  Town  or  school 
district  iti  this  State  may  borrow  money  or  issue  warrants 
in  anticipation  of  its  revenue,  to  meet  its  current  general 
expenses,  as  hereinafter  provided;  provided,  however,  that 
no  County,  City,  Town  or  school  district  now  or  hereafter 
having  an  outstanding  warrant  or  floating  indebtedness,  not 
funded,  shall  be  permitted  to  take  advantage  of  the  pro- 
visions of  this  act  until  said  indebtedness  shall  be  paid, 
funded,  canceled  or  exchanged  (as  provided  in  section  6 of 
this  act.  ) or  otherwise  paid. 

Sex'.  2.  That  whenever  any  tax  shall  have  been  actually 
levied,  and  it  shall  appear  to  the  Treasurer  of  any  such 
County,  City,  Town  or  school  district  that  there  are  no  funds 
in  his  hands,  as  such  Treasurer,  with  which  to  meet  the 
current  general  expenses  of  such  County,  City,  Town  or 
school  district  for  which  such  tax  has  been  levied,  he  shall 
report  such  fact  to  the  board  of  County  Commissioners,  the 
Common  Council,  the  board  of  trustees,  or  education,  or 
other  managing  body  of  such  County,  City,  Town  or  school 
district,  and  if  in  the  opinion  of  a majority  of  said  board, 
council  or  other  managing  body,  it  is  necessary  to  provide 
temporary  funds  for  such  purposes,  such  necessity  shall  be 
declared  by  proper  order,  ordinance  or  resolution,  specify- 
ing the  amount  of  such  proposed  loan  or  loans,  and  shall 
give  notice  of  such  proposed  loan  or  loans,  by  publication 
once  a week  for  two  consecutive  weeks  in  some  newspaper 
of  general  circulation  in  the  County,  calling  for  bids  for 
such  loan  or  loans,  to  be  submitted  within  five  days  from 
the  last  publication  of  such  notice,  and  shall  award  the 
same  to  such  bidder  as  shall  offer  the  lowest  rate  of  interest 
and  the  most  satisfactory  terms,  and  thereupon  the  Treas- 
urer shall  be  authorized,  and  it  shall  be  his  dutv  to  proceed 
to  make  such  loan  or  loans  in  the  manner  and  according  to 
the  terms  of  such  order,  ordinance  or  resoultion  and  award; 


GENERAL  LAWS. 


57 


provided,  however,  that  the  notes  or  warrants  authorized  to 
be  issued  under  the  provisions  of  this  act  shall  not  be  dis- 
counted or  disposed  of  for  less  than  the  par  value  thereof. 

SEC.  3.  Whenever  such  temporary  loan  or  loans  shall  Temporary 
be  made,  as  provided  in  the  foregoing  section,  and  the  total  loans,  how 
indebtedness  of  such  County,  City,  Town  or  school  district,  made- 
including  such  proposed  loan  or  loans,  shall  not  exceed  any 
constitutional  or  statutory  limitation  of  indebtedness,  a note 
or  notes  shall  be  issued  and  signed,  as  provided  in  this  sec- 
tion, such  note  or  notes  to  be  in  denominations  of  not  less 
than  one  hundred  dollars  and  not  more  than  one  thousand 
dollars,  and  shall  draw  interest  at  not  to  exceed  eight  per 
centum  per  annum,  and  shall  be  payable  within  a period 
not  to  exceed  one  year;  provided,  however,  that  if  any  such 
note  or  notes  shall  not  be  paid  at  maturity  the  same  may 
be  renewed  for  such  further  period,  or  periods,  as  shall  be 
necessary.  All  notes  issued  under  the  provisions  of  this 
section  shall  be  substantially  in  the  following  form: 

TEMPORARY  JyOAX. 

(Insert  name  of  municipality),  State  of  Washington. 

$ (insert  amount).  Loan  No.  (insert  No). 

(Insert  name  of  place,)  Washington,  (insert  date). 

For  value  received  (insert  time  of  payment)  after  date, 
the  Treasurer  of  the  (insert  name  of  County,  City,  Town  or 
school  district)  will  pay  out  of  any  delinquent  or  anticipated 
revenues  from  all  sources,  when  collected,  to  the  order  of 
(insert  name  of  payee)  the  sum  of  (insert  amount)  dollars, 
lawful  money  of  the  United  States,  with  interest  from  date 
at  the  rate  of  (insert  rate)  per  centum  per  annum. 

Countersignature:  

(Signature  and  title  of  officer). 

(Title  of  countersigning  officer). 

Attest:  

(Seal,  if  any).  (Attestation  and  title  of  attesting  officer). 

Sec.  4.  Whenever  the  indebtedness  of  any  such  County,  Limitation 
City,  Town  or  school  district  shall  have  reached  the  limita-  exceeded 
tion  or  limitations  prescribed  by  the  Constitution  or  general 
laws  of  this  State,  note  or  notes  issued  for  the  purpose  of 
this  act  shall  be  in  denominations  of  not  less  than  one 
hundred  dollars  and  not  more  than  one  thousand  dollars, 
and  shall  draw  interest  at  not  to  exceed  eight  per  centum 


GKNKRAL  LAWS 


per  annum,  and  shall  be  payable  within  a period  not  to  ex- 
ceed one  year,  and  shall  be  substantially  in  the  following- 
form  : 

Temporary  i,oan. 

(Insert  name  of  municipality,)  State  of  Washington. 

$ (insert  amount).  Loan  No.  (insert  No). 

(Insert  name  of  place,)  Washington,  (insert  date). 

For  value  received  (insert  time  of  payment)  after  date, 
the  Treasurer  of  the  (insert  name  of  County,  City,  Town  or 
school  district)  will  pay  out  of  any  delinquent  or  antici- 
pated revenues  of  said  (insert  name  of  County,  City,  Town 
or  school  district)  for  the  year  (insert  year  of  levy,)  when 
collected,  to  the  order  of  (insert  name  of  payee)  the  sum  of 
(insert  amount)  dollars,  lawful  money  of  the  United  States, 
with  interest  from  date  at  the  rate  of  (insert  rate)  per 
centum  per  annum. 

This  note  shall  not  be  construed  to  be  a debt  or  obliga- 
tion of  the  (insert  name  of  County,  City,  Town  or  school 
district).  It  is  secured  by  an  assignment  of  sufficient  of  the 
revenues  of  said  (insert  name  of  County,  City,  Town  or 
school  district)  to  be  received  under  and  by  virtue  of  the 
tax  levy  for  the  year  (insert  year  of  levy,)  and  payment 
hereof  is  restricted  to  such  revenues,  and  the  Treasurer  is 
authorized  and  directed  to  set  aside  and  reserve  such  reve- 
nues, when  collected,  or  so  much  thereof  as  shall  be  neces- 
sary for  the  payment  thereof  at  maturity.  This  note  is  issued 
under  and  is  within  all  the  limitations  prescribed  by  and  is 
payable  in  the  manner  specified  in  an  act  entitled  (insert 
title  of  this  act,)  approved  (insert  date  of  approval  of  this 
act ). 

Countersignature: 

, (Signature  and  title  of  officer). 

(Title  of  countersigning  officer). 

Attest:  

(Seal,  if  any).  (Attestation  and  title  of  attesting  officer). 

Provided,  however,  that  if  any  such  note  or  notes  shall 
not  be  paid  at  maturity,  the  same  may  be  renewed  for  such 
period  or  periods  as  shall  be  necessary;  provided  further, 
that  in  no  case  when  the  total  amount  of  taxes  paid  in  on 
any  levy,  together  with  all  outstanding  loans,  or  warrants 
issued  against  said  levy,  shall  be  equal  to  seventy-five  per 
centum  of  said  levy,  shall  it  be  lawful  to  make  any  addi- 


GENERAL  LAWS. 


59 


tional  loan  or  loans,  but  in  such  case  warrants  may  be  issued 
as  hereinafter  provided;  and  provided  also,  that  it  shall  not 
be  lawful  to  make  any  temporary  loan  or  loans,  nor  to  issue 
any  warrants  against  said  levy  during  any  one  month  when 
the  total  amount  of  outstanding  loans  and  warrants  made 
and  issued  against  said  levy  during  said  month  (exclusive 
of  warrants  issued  for  interest  payments  and  outstanding 
loans  maturing  during  said  month)  shall  be  equal  to  one- 
eighth  of  the  total  amount  of  such  levy. 

SEC.  5.  Whenever  any  such  County,  City,  Town  or  Warrants  to 
school  district  shall  have  reached  its  limit  of  indebtedness  contain,  what, 
as  specified  in  the  preceding  section,  and  shall  desire  to  issue 
warrants,  such  warrants  shall  be  in  manner  and  form  as  now 
required  by  law,  except  that  each  shall  contain  a clause  de- 
claring that  the  same  is  not  a debt  or  obligation  of  such 
Countv,  City,  Town  or  school  district,  and  distinctly  limit- 
ing the  payment  thereof,  and  the  payment  of  interest  accru- 
ing thereon,  to  the  revenues  to  be  derived  from  the  levy 
then  actually  made,  and  against  which  the  same  is  drawn; 
and  in  case  any  such  warrant  shall  be  presented  for  pay- 
ment and  there  shall  be  no  funds  on  hand  with  which  to 
pay  the  same,  it  shall  be  indorsed,  “ Presented  for  payment 
and  not  paid  for  want  of  funds,”  together  with  the  date  of 
presentation,  and  shall  thereafter  draw  interest  at  the  legal 
rate,  but  such  indorsement  shall  in  no  case  operate  to  make 
such  warrant  a debt  or  obligation  of  said  County,  City, 

Town  or  school  district,  or  in  any  manner  extend  the  pay- 
ment thereof  to  any  revenue  or  revenues  than  that  or  those 
against  which  the  same  was  originally  drawn 

SEC.  6.  That  when  any  warrants  shall  have  been  is-  Treasurer  au 
sued,  as  now  provided  by  law,  or  as  provided  in  this  act,  thorized  to 
and  shall  be  outstanding  and  not  called  for  payment,  and  borrow,  when 
the  board,  council  or  other  managing  body  of  any  County, 

City,  Town  or  school  district  shall  deem  it  necessary  or  ad- 
visable to  cancel  or  exchange  the  same,  and.  there  shall  be 
no  funds  on  hand  with  which  to  effect  such  cancellation, 
then,  in  such  case,  said  board,  council  or  other  managing 
body  shall,  by  a majority  vote,  duly  authorize  the  Treasurer 
to  make  a temporary  loan  or  loans  in  the  manner  hereinbe- 
fore provided  with  which  to  take  up  and  cancel  such  war- 
rants, or  may  cause  to  be  issued,  in  the  manner  hereinbe- 
fore provided,  note  or  notes  in  exchange  therefor;  but  in  all 
cases,  before  anv  such  note  or  notes  shall  be  issued,  said 


GENERAL  LAWS. 


60 

Published  no- 
tice. 


Reserve  fund. 


Warrants, 
payment  of. 


Notes,  signed 
by  whom. 


Treasurer  shall  publish  a notice  calling  for  the  warrants  it  is 
proposed  to  so  cancel  or  exchange,  said  notice  to  be  so  pub- 
lished once  a week  for  two  consecutive  weeks  in  some  news- 
paper of  general  circulation  in  the  County;  and  interest  on 
such  warrants  shall  cease  ten  days  after  the  date  of  the  last 
publication  of  such  notice  (if  said  warrants  are  not 
sooner  presented ; ) and  when  warrants  aggregating  an 
amount  not  less  than  five  hundred  dollars  shall  be  so  pre- 
sented a note  or  notes  may  be  issued  in  exchange  therefor, 
or  with  which  to  obtain  funds  to  cancel  the  same. 

Sec.  7.  That  in  all  cases  where  any  temporary  loan  or 
loans  shall  have  been  made  and  any  note  or  notes  shall  have 
been  issued  as  provided  in  this  act,  it  shall  be  the  duty  of 
the  Treasurer  of  such  County,  City,  Town  or  school  district, 
to  set  aside  and  reserve  out  of  all  revenues,  when  collected, 
an  amount  sufficient  to  meet  the  payment  of  such  note  or 
notes  at  maturity,  and  said  revenues  so  set  aside  and  re- 
served shall  not  be  diverted  to  any  other  purpose'  so  long  as 
such  loan  or  loans  shall  remain  outstanding  and  unpaid; 
provided,  that  when  any  temporary  loan  or  loans  shall 
have  been  made,  as  provided  in  section  four  of  this  act,  and 
any  note  or  notes  shall  have  been  issued  as  therein  pro- 
vided, or  when  any  warrant  shall  have  been  issued  as  pro- 
vided in  section  five  of  this  act,  then,  and  in  such  case,  such 
Treasurer  shall  set  aside,  and  reserve  when  collected  for 
the  payment  of  such  note  or  notes,  or  warrants,  only  such 
revenues  as  shall  be  derived  from  the  levy  against  which 
said  note  or  notes,  or  warrant,  is  drawn,  and  such  revenues 
shall  not  be  diverted  to  any  other  purpose  so  long  as  such 
note  or  notes,  or  warrants,  shall  remain  outstanding  and 
unpaid;  provided,  that  when  any  such  Treasurer  may  have 
five  hundred  dollars  on  hand  applicable  to  the  payment  of 
any  such  warrants,  he  shall  publish  a call  for  such  warrants 
in  the  manner  prescribed  in  section  six  of  this  act,  and 
shall  redeem  the  same  in  the  order  of  their  issuance;  pro- 
vided, however,  that  no  such  warrants  shall  be  paid  while 
any  note  or  notes  issued  against  said  levy  under  the  pro- 
visions of  section  four  of  this  act  remains  outstanding  and 
unpaid,  unless  there  shall  be  funds  on  hand  with  which  to 
pay  such  note  or  notes  at  maturity. 

Sec.  8.  All  notes  issued  under  the  provisions  of  this 
act  shall  be  signed  by  the  following  officers  before  the  same 
shall  be  delivered  to  the  purchaser  : When  issued  by  a 


GENERAL  LAWS. 


61 


County,  the  chairman  of  the  board  of  County  Commission- 
ers, countersigned  by  the  County  Treasurer  and  attested  by 
the  County  Auditor,  who  shall  affix  thereto  his  official  seal; 
when  issued  by  a City  or  Town,  by  its  Mayor,  countersigned 
by  its  Treasurer  (and  Comptroller,  if  any,)  and  attested  by 
its  Clerk,  who  shall  affix  thereto  its  corporate  seal;  when 
issued  by  a school  district,  by  the  chairman  of  its  board  of 
education  or  directors,  countersigned  by  the  County  Treas- 
urer and  attested  by  the  Clerk  of  said  district,  who  shall 
affix  thereto  his  official  seal,  if  he  have  any. 


SEC.  9.  The  Treasurer  of  such  County,  City,  Town  or  Notes  to  be 
school  district  shall  keep  separate  registers  of  all  notes  and  registered, 
of  all  warrants  issued  under  the  provisions  of  this  act.  The 
register  of  notes  shall  at  least  contain  the  number  of  each 
note,  date  when  issued,  to  whom  issued,  where  payable, 
rate  of  interest,  when  payable,  whether  issued  generally 
against  such  revenue  or  specially  against  a specific  tax  levy, 
date  when  paid  or  renewed,  to  whom  paid  or  renewed,  and 
shall  be  kept  substantially  according  to  the  following  form: 


register  of  notes. 


f i 9 
i 1 1 

! 3 

o* 


Such  register  of  warrants  shall  at  least  contain  the 
number  of  such  warrant,  date  when  issued,  to  whom  issued, 
the  tax  levy  against  which  it  is  issued,  when  presented  or 
indorsed,  amount,  date  called  for  redemption,  when  paid, 
amount  paid,  to  whom  paid,  whether  cancledor  exchanged 
bv  the  issuance  of  notes,  and  shall  be  kept  substantially  in 
the  following  form: 


62 


GENERAL  LAWS. 


Interest  not 
compounded. 


1REGISTER  OF  SPECIAL  WARRANTS. 


IIno.  1 

When  issued  | 

To  whom 
issued..  

! Where  payable . 

I 

Rate  of 
interest. . 

3 

2 

t; 

£ 

Amount  issued 
generally 
against 
revenue 

Amount  issued 
against  tax 
levy  for 
year 

Date  paid 
1 or  renewed  ... 

1 

( 

> 

SI 

Amount 
renewed 

To  whom  paid 
or  renewed  . 

1 

SEC.  io.  Whenever  any  note  or  notes  shall  have  been 
issued  a^cordiug  to  the  provisions  of  this  act,  and  shall  be- 
come due  and  payable,  and  there  shall  be  no  funds  on  hand 
with  which  to  pay  the  same,  or  any  interest  thereon,  and  it 
shall  be  deemed  desirable  to  renew  said  note  or  notes,  as 
provided  in  this  act,  the  interest  due  upon  said  note  or 
notes  shall  not  be  included  in  the  sum  for  which  said  note 
or  notes  shall  be  renewed,  but  warrant  or  warrauts  may  be 
issued  therefor;  and  said  warrant  or  warrants  shall  be  non- 
interest bearing,  and  shall  so  state  upon  their  face,  and 
shall  be  paid  only  when  there  shall  be  sufficient  funds  on 
hand,  received  from  the  revenues  against  which  the  original 
note®or  notes  was  issued. 

SEC.  ii.  This  act  shall  not  be  construed  to  prevent  any 
County,  City,  Town  or  school  district  from  issuing  warrants, 
as  heretofore  provided  by  law,  but  it  shall  be  optional 
with  such  County,  City,  Town  or  school  district  to  issue 
such  warrant,  or  issue  warrants  or  make  temporary  loans, 
as  provided  by  this  act. 

Approved  March  20,  1895. 


1 In  enrolling-  this  law  the  enrolling  clerk  inserted  the  wrong  head- 
ing for  warrant  register.  The  proper  heading  is  inserted  in  brackets. 


GENERAL  LAWS 


63 


ELECTION  LAWS  APPLICABLE  TO  CITY  ELECTIONS, 


All  male  persons  of  the  age  of  twenty-one  years  or  over,  yualificatio  n 
possessing  the  following  qualifications,  shall  be  entitled  to  of  electors, 
vote  at  all  elections.  They  shall  be  citizens  of  the  United 
States,  they  shall  have  lived  in  the  State  one  year,  and  in 
the  County  ninety  days,  and  in  the  City,  Town,  Ward  or 
Precinct  thirty  days  immediately  preceding  the  election  at 
which  they  offer  to  vote:  Provided,  that  Indians  not  taxed 

shall  never  be  allowed  the  elective  franchise:  Provided  fur- 
ther, that  all  male  persons  who  at  the  time  of  the  adoption 
of  this  constitution  are  qualified  electors  of  the  Territory, 
shall  be  electors.  (Sec.  1,  Art.  VI,  Constitution.) 

All  ballots  cast  at  elections  for  public  officers  within  this  Ballots  to  be 
State  (except  school  and  irrigation  district  officers  and  road  printed  and 
overseers),  shall  be  printed  and  distributed  at  public  ex-  distributed  at 
pense  as  hereinafter  provided.  The  printing  of  ballots  public  ex- 
and  cards  of  instruction  for  the  electors  in  each  Countv, and  pense 
the  delivery  of  the  same  to  the  election  officers,  as  herein- 
after provided,  shall  be  a County  charge,  the  payment  of 
which  shall  be  provided  for  in  the  same  manner  as  the  pay- 
ment of  other  County  expenses;  but  the  expense  of  print- 
ing and  delivering  the  ballots  shall,  in  the  case  of  muni- 
cipal elections,  be  a charge  upon  the  City  or  Town  in  which 
such  election  shall  be  held.  (Sec.  363,  Code.) 

Any  convention,  primary  meeting,  or  primary  election,  Candidates 
as  hereinafter  defined,  held  for  the  purpose  of  making  notni-  fo  r office 
nations  for  public  office,  and  also  electors  to  the  number  how  nom i-‘ 
hereinafter  specified,  may  nominate  candidates  for  public  uated. 
office,  to  be  filled  by  election  within  the  State.  A conven- 
tion, or  primary  meeting,  within  the  meaning  of  this  chap- 


64 


GENERAL  LAWS. 


Nominatio  11, 
how  to  be 
certified. 


Filing  of  cer- 
tifica  t e s of 
nomination. 


Nominations 
how  made. 


ter,  is  an  organized  assemblage  of  electors  or  delegates,  re- 
presenting a political  party  or  principle;  and  a primary 
election  is  a legally  conducted  election  for  the  nomination 
of  candidates  for  public  office.  (Sec.  364,  Code.) 

All  nominations  made  by  such  convention,  primarymeet- 
ing,  or  primary  election,  shall  be  certified  as  follows:  The 

certificate  of  nomination,  which  shall  be  in  writing,  shall 
contain  the  name  of  each  person  nominated,  his  residence, 
his  business,  his  address,  and  the  office  for  which  he  is  named, 
and  shall  designate  in  not  more  than  five  words  the  party 
or  principle  which  such  convention,  primary  meeting  or  pri- 
m ary  election  represents,  and  it  shall  be  signed  by  the  presid- 
ing officer  and  vSecretary  of  such  convention, or  primary  meet- 
ing, or,  in  case  of  a primary  election,  bv  one  of  the  Judges 
and  the  Clerk  thereof,  who  shall  add  to  their  signatures 
their  respective  place  of  residence,  their  business,  and  ad- 
dresses. Such  certificate  made  out  as  herein  required  shall 
be  delivered  by  the  Secretary  or  President  of  such  con- 
vention or  primary  meeting,  Clerk  or  Judge  of  the  primary 
election,  to  the  Secretary  of  State,  or  the  Clerk  of  the  Board 
of  County  Commissioners,  as  hereinafter  required.  (Sec. 
365,  Code.) 

Certificates  of  nomination  of  candidates  for  offices  to  be 
filled  by  the  electors  of  the  entire  State,  or  of  any  division 
or  district  greater  than  a County,  shall  be  filed  with  the 
Secretary  of  State.  Certificates  of  nomination  for  County 
and  Precinct  offices  shall  be  filed  with  the  Clerks  of  the 
Boards  of  County  Commissioners  of  the  respective  Counties 
wherein  the  officers  are  to  be  elected.  Certificates  of  nomi- 
nation for  municipal  offices  shall  be  filed  with  the  Clerks  of 
the  respective  municipal  corporations  wherein  the  officers 
are  to  be  elected.  The  certificate  of  a nomination  for  an 
office  in  a district  composed  of  more  than  one  County  shall 
be  filed  in  the  offices  of  the  Clerks  of  the  Boards  of  County 
Commissioners  of  all  the  Counties  to  be  represented  by  such 
joint  officer  or  member.  (Sec.  366,  Code.) 

Candidates  for  public  office  may  be  nominated  otherwise 
than  bv  convention  or  primary  meeting,  or  primary 
election,  in  the  manner  following:  A certificate  of 

nomination  containing  the  name  of  the  candidate  for 
the  office,  to  be  filled  with  such  information  as  is 
required  to  be  given  in  certificates  provided  for,;  in 
in  Section  365  of  Volume  I,  Hills’  Annotated  Codes  and 


GENERAL  LAWS. 


65 


Statutes  of  Washington,  shall  be  signed  by  electors  resid- 
ing within  the  district  or  political  division  in,  and  for  which 
the  officer  or  officers  are  to  be  elected  in  the  following  num- 
bers: The  number  of  .signatures  shall  not  be  less  than  one 

thousand  when  the  nomination  is  for  an  office  to  be  filled 
bv  the  electors  of  the  entire  State;  and  not  less  than  three 
hundred  when  the  election  is  for  an  office  to  be  filled  by  the 
electors  of  a County,  District  or  other  division  less  than  a 
State;  and  not  less  than  twenty-five  when  the  nomination 
is  for  an  office  to  be  filled  by  the  electors  of  a township, 
precinct  or  ward;  Provided,  that  the  said  signatures  need 
not  all  be  appended  to  one  paper.  Each  elector  signing  a 
certificate  shall  add  to  his  signature,  his  place  of  residence, 
his  business  and  his  address.  Such  certificate  may  be  filed 
as  provided  for  in  Section  306  of  Volume  I,  Hills’  Annotat- 
ed Statute  and  Codes  of  Washington,  in  the  same  manner 
and  with  same  effect  as  a certificate  of  nomination  made  by 
a party  convention,  primary  meeting  or  primary  conven- 
tion. (367  Code  as  amended  by  Laws  1895,  p.  387.) 

No  certificate  of  nomination  shall  contain  the  name  of 
more  than  one  candidate  for  each  office  to  be  filled.  No  per- 
son shall  join  in  the  nomination  of  more  than  one  person  for 
each  office  to  be  filled,  and  no  person  shall  accept  a nomi- 
nation to  more  than  one  office.  (Sec.  368,  Code.) 

The  Secretary  of  State  and  the  Clerks  of  Boards  of  County, 
Commissioners  of  the  several  Counties  and  of  the  several 
municipal  corporations  shall  cause  to  be  preserved  in  their 
respective  offices  for  six  months,  all  certificates  of  nomina- 
tion filed  in  their  respective  offices  under  the  provisions  of 
this  chapter.  All  such  certificates  shalj  be  open  to  public 
inspection  under  proper  regulations,  to  be  made  by  the 
officers  with  whom  the  same  are  filed.  The  Board  of  Coun- 
tv Commissioners  of  each  County  in  the  State  shall,  at  their 
first  session  after  the  taking  effect  of  this  chapter,  divide 
their  respective  Counties  into  election  precincts,  and  estab- 
lish the  boundaries  of  the  same.  Such  Board  of  Commis- 
sioners shall  designate  one  voting  place  in  each  precinct, 
and  each  precinct  shall  contain  two  hundred  and  fifty  elec- 
tors, or  less,  based  on  the  number  of  votes  cast  at  the  last 
general  election;  but  no  precinct  shall  contain  more  than 
three  hundred  electors.  If  at  any  election  hereafter  three 
hundred  or  more  votes  shall  be  cast  at  any  voting  place,  it 
shall  be  the  duty  of  the  inspector  in  such  precinct  to  report 
the  same  to  the  Board  of  Count}'  Commissioners,  who  shall. 


Nominations 
rest  r i c t e cl  ; 
certifi  cates 
to  co  11 1 a i n 
one  name. 
Duty  or  Se- 
cretary of 
State  and 
Clerk  of  Com- 
missio  ners; 
election  pre- 
cincts. 


66 


GENERAL  LAWS. 


When  to  file 
certificates  of 
nomination. 


Secretary  of 
State  to  cer- 
tify names  of 
nominees. 


Pnblica  t i o n 
of  nom  i n a- 
tion . 


at  their  next  regular  meeting,  divide  such  precinct  as  nearly 
as  possible  so  that  the  new  precincts  formed  thereof  shall 
each  contain  two  hundred  and  fifty  electors,  as  nearly  as 
practicable.  (Sec.  369,  Code.  ) 

Certificates  of  nominations  to  be  filed  with  the  Secretary 
of  State  shall  be  filed  not  more  than  sixty  days  and  not  less 
than  thirty  days  before  the  day  fixed  by  law  for  the  election 
of  the  persons  in  nomination.  Certificates  of  nomination 
herein  directed  to  be  filed  with  the  Clerk  of  the  Board  of 
County  Commissioners  shall  be  filed  not  more  than  sixty 
days  and  not  less  than  twenty  days  before  the  election. 
Certificates  for  the  nomination  of  candidates  for  municipal 
offices  shall  be  filed  with  the  Clerks  of  ihe  respective  muni- 
cipal corporations  not  more  than  thirty  days  and  not  less 
than  three  days  previous  to  the  day  of  election:  Provided, 
that  the  provisions  of  this  section  shall  not  be  held  to  apply 
to  nominations  for  special  elections  to  fill  vacancies  caused 
by  death,  resignation  or  otherwise.  (Sec.  370,  Code.) 

Not  less  than  twenty  nor  more  than  thirty  days  before  an 
election  to  fill  any  State  or  District  office,  the  Secretary  of 
State  shall  certify  to  the  Clerk  of  the  Board  of  County  Com- 
missioners of  each  County  within  which  any  of  the  electors 
may  by  law  vote  for  candidates  for  such  office,  the  name 
and  place  of  residence  of  each  person  nominated  for  such 
office,  as  specified  in  the  certificates  of  nomination  filed 
with  the  Secretary  of  State.  (Sec.  371,  Code.) 

At  least  ten  days  before  an  election  to  fill  any  public 
office,  other  than  a municipal  office,  the  Clerk  of  the  Board  of 
County  Commissioners  of  each  County  shall  cause  to  be 
published  in  one  or  more  newspapers  within  the  County  the 
nominations  to  office  certified  to  him  under  the  provisions 
of  this  chapter.  The  Clerk  of  the  Board  of  County  Com- 
missioners shall  make  such  publications  daily,  until  the 
elections,  in  Counties  where  daily  newspapers  are  publish- 
ed; but  if  there  be  no  daily  newspaper  published  within  the 
County,  two  publications  in  each  newspaper  will  be  suffi- 
cient; and  if  there  be  no  paper  published  in  any  County, 
written  or  printed  notices  shall  be  posted  in  not  less  than 
three  conspicuous  places  in  such  precinct.  One  of  such 
publications  in  each  newspaper  shall  be  upon  the  last  day 
upon  which  such  new.spaper  is  issued  before  election.  I11 
the  case  of  municipal  elections,  such  publications  shall  be 
made  in  one  or  more  newspapers  devoted  to  the  dissemina- 


GENERAL  LAWS. 


67 


tion  of  general  news,  and  published  within  the  municipal 
corporation  in  which  the  election  is  to  be  held,  at  least 
three  days  before  the  election,  the  publication  to  be  daily, 
until  election,  where  there  are  daily  newspapers;  but  if 
there  be  no  daily  newspaper  published  within  the  munici- 
pal corporation,  one  publication  in  each  newspaper  shall  be 
sufficient,  and  if  there  be  no  newspaper,  the  notice  shall  be 
posted  as  above  provided.  (Sec.  372,  Code.) 

Whenever  any  person  nominated  for  public  office,  as  in 
this  chapter  provided,  shall,  at  least  twenty  days  before  elec- 
tion, except  in  the  case  of  municipal  elections,  in  a writing- 
signed  by  him,  notifying  the  officer  with  whom  the  certifi- 
cate nominating  him  is  by  this  chapter  required  to  be  filed, 
that  he  declines  such  nomination,  such  nomination  shall 
be  void.  In  municipal  elections  such  declination  must 
be  made  at  least  two  days  before  the  election.  (Sec.  373, 
Code.i 

Should  any  person  so  nominated  die  before  the  printing 
of  the  tickets,  or  decline  the  nomination  as  in  this  chapter 
provided,  or  should  any  certificate  of  nomination  be  or  be- 
come insufficient  or  inoperative  from  any  cause,  the  vacancy 
or  vacancies  thus  occasioned  may  be  filled  in  the  manner 
required  for  original  nominations.  If  the  original  nomina- 
tion was  made  by  a party  convention  which  had  delegated 
to  a committee  the  power  to  fill  vacancies,  or  bv  primary 
election,  the  committee  of  the  political  party  he  represents 
mav,  upon  the  occurring  of  such  vacancy,  proceed  to  fill 
the  same.  The  Chairman  and  Secretary  of  such  committee 
shall  thereupon  make  and  file  with  the  proper  officer  a cer- 
tificate setting  forth  the  cause  of  the  vacancy,  the  name  of 
the  person  nominated,  the  office  for  which  he  was  nomi- 
nated, the  name  of  the  person  for  whom  the  new  nominee 
is  to  be  substituted,  the  fact  that  the  committee  was  au- 
thorized to  fill  vacancies,  and  such  further  information  as  is 
required  to  be  given  in  an  original  certificate  of  nomination. 
The  certificate  so  made  shall  be  executed  in  the  manner 
prescribed  for  the  original  certificate  of  nomination,  and 
shall  have  the  same  force  and  effect  as  an  original  certifi- 
cate of  nomination.  When  such  certificate  shall  be  filed 
with  the  Secretary  of  State,  he  shall,  in  certifying  the 
nominations  to  the  various  County  Clerks,  insert  the  name 
of  the  person  who  has  thus  been  nominated  to  fill  a vacancy 
in  place  of  that  of  the  original  nominee.  And  in  the  event 
that  he  has  already  set  forth  his  certificate,  he  shall  forth- 


Nominations 
void  if  de- 
clined in 
writing. 


Fi  1 1 i n g o 
vacanc  ies, 
nomination  s 
for. 


GENERAL  LAWS. 


08 


with  certify  to  the  Clerks  of  the  Boards  of  County  Commis- 
sioners of  the  proper  Counties  the  name  and  place  of  resi- 
dence of  the  person  so  nominated  to  fill  a vacancy,  the  office 
he  is  nominated  for,  the  party  or  political  principle  he  re- 
presents, and  the  name  of  the  person  for  whom  such  nomi- 
nee is  substituted.  tSec.  374,  Code.) 


Stickers  to  be  When  any  vacancy  occurs  before  election  day  and  after 

the  printing  of  the  tickets  and  any  person  is  nominated  ac- 
cording to  the  provisions  of  this  chapter  to  fill  such  vacancy, 
the  officer  whose  duty  it  is  to  have  the  tickets  printed  and 
distributed,  shall  thereupon  have  printed  a requisite  num- 
of  stickers  and  shall  mail  them  by  registered  letter  to  the 
Judges  of  election  in  the  various  precincts  interested  in 
such  election,  and  the  Judges  of  election  whose  duty  it.is 
made  by  the  provisions  of  this  chapter  to  distribute  the 
tickets  shall  affix  such  stickers  in  the  proper  place  on  each 
ticket  before  it  is  given  out  to  the  elector.  (Sec.  375,  Code.) 


Submission  Whenever  a proposed  constitution  or  constitutional 
of  questions  amendment,  or  other  question,  is  to  be  submitted  to  the  peo- 
for  popul  a 1-  pie  of  the  State  for  popular  vote,  the  Secretary  of  State  shall 
vote.  duly , and  not  less  than  thirty  days  before  election,  certify  the 

same  to  the  Clerk  of  the  Board  of  County  Commissioners  of 
each  County  in  the  State,  and  the  Clerk  of  the  Board  of 
County  Commissioners  of  each  Count}’  shall  include  the 
same  in  the  publication  provided  for  in  section  three  hun- 
dred and  seventy-two  of  this  volume  of  general  statutes. 
Questions  to  be  submitted  to  the  people  of  a County  or 
municipality  shall  be  advertised  as  provided  for  nominees 
for  offices  by  said  section.  (Sec.  376,  Code.) 


Commission- 
ers to  provide 
ballots—  Vot- 
ers to  pre- 
pare them. 


Except  as  in  this  chapter  otherwise  provided,  it  shall  be 
the  duty  of  the  Clerk  of  the  Board  of  County  Commissioners 
of  each  County  to  provide  printed  ballots  for  every  elec- 
tion for  public  officers  in  which  electors  or  any  of  the 
electors  within  the  County  participate,  and  to  cause  to  be 
printed  on  the  ballot  the  name  of  every  candidate  whose 
name  has  been  certified  to  or  filed  with  the  County  Clerk 
in  the  manner  provided  for  in  this  chapter.  Ballots  other 
than  those  printed  by  the  respective  Clerks  of  Boards  of 
County  Commissioners,  according  to  the  provisions  of  this 
chapter,  shall  not  be  cast  or  counted  in  any  election. 
Nothing  in  this  chapter  contained  shall  prevent  any  voter 
from  writing  or  pasting  on  his  ballot  the  name  of  any  per- 
son for  whom  he  desires  to  vote  for  any  office,  and  such  vote 


69 


GENERAL  LAWS. 


shall  be  counted  the  same  as  if  printed  upon  the  ballot  and 
marked  by  the  voter,  and  any  voter  may  take  with  him  into 
the  polling  place  any  printed  or  written  memorandum  or 
paper  to  assist  him  in  making  or  preparing  his  ballot,  ex- 
cept as  hereinafter  otherwise  provided.  (Sec.  377,  Code.) 

Election  for  school  and  irrigation  district  officers  and 
road  overseers  are  excepted  from  the  provisions  of  the  preced- 
ing section, and  in  all  municipal  elections  the  duties  specified 
in  the  preceding  section  as  devolving  on  the  Clerk  of  the 
Board  of  Countv  Commissioners  shall  devolve  on  the  muni- 
cipal Clerk.  (Sec.  378,  Code.) 

All  ballots  prepared  under  the  provisions  of  this 
chapter  shall  be  white  and  of  a good  quality  of  paper, 
and  the  names  shall  be  printed  thereon  in  black  ink. 
Every  ballot  shall  contain  at  the  head  the  names  of 
all  recognized  political  parties,  in  the  order  following,  to 
wit:  Republican  ticket,  Democratic  ticket,  People’s  Party 

ticket,  Prohibition  ticket,  and  any  other  party  placing  a full 
ticket  in  nomination,  in  the  order  in  which  the  same  shall 
be  filed  with  the  clerk  of  the  board  of  County  Commission- 
ers. Every  ballot  shall  contain  the  name  of  each  candi- 
date, once  only,  whose  nomination  for  any  office  is  specified 
or  filed  according  to  law,  and  no  other  names.  All  nomina- 
tions of  any  party  or  group  of  petitioners  shall  be  placed 
after  the  title  of  such  party  or  group  of  petitioners  as  des- 
ignated by  them  in  their  certificate  of  nomination  or  peti- 
tion first  filed;  provided,  that  any  candidate  who  has  been 
nominated  by  two  or  more  political  parties  may,  upon  a 
written  notice  filed  with  the  clerk  of  the  board  of  County 
Commissioners  at  least  twenty  days  before  any  election  is 
to  be  held,  designate  the  political  party  after  which  title  he 
desires  to  have  his  name  placed.  The  name  of  each  nominee 
shall  be  placed  under  the  designation  of  the  office  for  which 
he  has  been  nominated,  in  the  order  following,  to  wit.  Re- 
publican, Democratic,  People’s  Party,  Prohibition  and  any 
other  party  in  the  order  filed  with  the  clerk  of  the  board  of 
County  Commissioners.  Before  the  designation  of  the  office 
shall  be  indicated  the  number  of  candidates  for  such  office 
to  be  voted  for  at  said  election.  At  the  end  of  the  lists  of 
all  the  political  parties  and  the  list  of  candidates  for  each 
office  shall  be  left  a blank  space  on  the  right  side  of  each 
ticket  extending  the  full  length  of  the  column  of  political 


Exception  as 
to  election  of 
certa  i n offi- 
cers. 


Ballots,  how 
prepared. 


\ / 

Dual  nomina- 
tions, how 
provided  for. 


Ballots,  gen- 
eral arrange- 
ment of. 


70 


GENERAL  LAWS. 


parties  and  of  the  nominees,  at  least  one-half  inch  in  width, 
so  that  the  voter  may  correctly  indicate  in  the  way  here- 
after provided  the  candidate  or  candidates  for  whom  he 
wishes  to  cast  his  ballot.  Upon  each  official  ballot  a per- 
forated line,  one-half  inch  from  the  left  hand  edge  of  such 
ballot,  shall  extend  from  the  top  of  such  ballot  towards  the 
bottom  of  the  same  for  two  inches,  thence  to  the  left  hand 
edge  of  the  ballot,  and  upon  the  space  thus  formed  there 
shall  be  no  printing  except  the  number  of  such  ballot,  which 
shall  be  upon  the  back  of  such  space,  in  such  position  that 
it  shall  appear  upon  the  outside  when  the  ballot  is  folded. 
The  County  Auditor  shall  cause  official  ballots  to  be  num- 
bered from  one  upwards,  consecutively,  beginning  with 
number  one  for  each  separate  voting  precinct.  Official  bal- 
lots for  a given  precinct  shall  not  contain  the  names  of 
nominees  for  Justices  of  the  Peace  and  Constables  of  any 
other  precinct,  except  in  cases  of  municipalities,  where  a 
number  of  precincts  vote  for  the  same  nominees  for  Justices 
of  the  Peace  and  Constables,  and  in  the  latter  event  the 
ballot  shall  contain  only  the  names  to  be  voted  for  by  the 
electors  of  such  precincts.  On  the  margin  of  each  of  said 
ballots,  to  the  right,  there  shall  be  printed  instructions 
directing  the  voter  how  to  mark  his  ballot  before  the  same 
shall  be  deposited  with  the  judges  of  election.  The  ar- 
rangement of  the  ballot  shall,  in  general,  conform  as  nearly 
as  possible  to  the  plan  hereinafter  given. 


GENERAL  LAWS 


7i 


Pi  w g •> 

5i  77  n pT 

P X O -! 

f?  § S3  ** 


REPUBLICAN  TICKET 

DEMOCRATIC  TICKET 

PEOPLE’S  PARTY  TICKET. 


p- 

Si  *-j 
p tr 
sr  15 


v;  rs 
x 

O „ 


o' 

r 

0 

PROHIBITION 

TicKprr. 

o' 

Vote  for  Two. 

Representatives 

0 

Republican 

A r 

ORERS. 
. B 

Republican . . 

c 

. I) 

Democrat. 

E 

...  F 

X 

Democrat 

G 

...  H. 

People’s  Party  ... 

1 

...  J... 

£ 

People’s  Party 

K 

L 

O 

Prohibition 

M 

...  N . . 

pa 

0 

Prohibition 

O 

. . P . 

o no 
a>  o 

§ I? 

**§ 
P'  O P 


V C.  tr 

s ff" 


Cft?  x 

£ <2 

O P 

<-►  o' 

s*  c 

o 


Vote  for  One. 

Republican 

Democrat 

People’s  Party.. 
Prohibition.. 


Vote  for  One 

Republican 

Democrat 

People’s  Party 
Prohibition.. 


Governor  . 
B 

D . 

F 

H 


Lieu  tenant  Governor. 

A B 

C L>.  

K F 

G H 


Vote  for  One. 

Republican 

Democrat 

People’s  Party 
Prohibition..  . 


Secretary  of  State. 

A B 

C h> 

K F 

G H 


Whenever  the  Secretary  of  State  has  duly  certified  to 
the  clerk  of  the  board  of  County  Commissioners  any  ques- 
tion to  be  submitted  to  the  vote  of  the  people,  the  clerk  of 


72 


Number  of 
ball  o t s for 
each  pre- 
cinct. 


Surplus  bal- 
lots to  be  de- 
stroy e d b y 
Judges  b e- 
fore  count- 
ing ballots 
cast. 

Error  or 
omission  o f 
name  from 
ballot,  h o w 
cured. 


Ba llots  to 
whom  furn  - 
ished. 


GENERAL,  LAWS. 


the  boaid  of  County  Commissioners  shall  have  printed  on 
the  regular  ballots,  at  the  bottom  thereof,  the  question  in 
such  form  as  will  enable  the  electors  to  vote  upon  the  ques- 
tions so  presented  in  the  manner  hereinafter  provided.  The 
clerk  of  the  board  of  County  Commissioners  shall  also  pre- 
pare the  necessary  ballots  in  the  same  manner  whenever  any 
question  is  by  law  to  be  submitted  to  the  vote  of  the  electors 
of  any  locality,  and  not  of  the  State  generally;  provided, 
however,  that  in  all  questions  submitted  to  the  voters  of  a 
municipal  corporation  alone,  it  shall  be  the  duty  of  the  City 
or  Town  Clerk  to  provide  the  necessarj7  ballots.  (Sec.  379 
Code,  as  amended  by  laws  1895,  p.  387). 

The  Clerk  of  the  Board  of  County  Commissioners  of  each 
County  shall  provide  for  each  election  precinct  in  the 
County,  two  ballots  for  each  elector  registered  in  the  pre- 
cinct, and  two  tallying  books  that  shall  be  printed  in  re- 
lation with  the  tickets.  If  there  is  no  register  in  the  pre- 
cinct the  Clerk  of  the  Board  of  County  Commissioners  shall 
provide  ballots  to  the  number  of  two,  for  every  elector  who 
voted  at  the  last  preceding  election  in  the  precinct;  pro- 
vided, however,  that  in  municipal  elections  it  shall  be  the 
duty  of  the  City  or  Town  Clerk  to  provide  tickets  as  speci- 
fied in  this  section.  (Sec.  380,  Code,  as  amended  by  Laws 
1893,  P-  222,  and  Laws  1895,  p.  390.)! 

It  is  hereby  made  the  duty  of  the  Judges  of  election  for 
each  election  precinct  immediately  upon  the  closing  of  the 
polls, and  before  the.ballots  are  counted, to  destroy  all  unused 
ballots  furnished  for  use  at  .such  precinct.  (Sec.  2,  Laws 
1893,  page  222. ) 


\\  henever  it  .shall  appear  by  affidavit  that  an  error  or 
omission  has  occurred  in  the  publication  of  the  names  of  the 
candidates  nominated  for  office,  or  in  the  printing  of  the 
ballots,  the  Superior  court  of  the  County  may,  upon  appli- 
cation of  any  elector,  by  order,  require  the  Clerk  of  the 
Board  of  County  Commissioners  or  municipal  Clerk  to  cor- 
rect such  error  or  to  show  cause  why  such  error  should  not 
be  corrected.  (Sec.  381,  Code.) 

Before  the  opening  of  the  polls  the  Clerk  of  the  Board  of 
County  Commissioners  (or  the  municipal  Clerk  in  the  case 
of  municipal  elections),  shall  cause  to  be  delivered  to  the 

1 Compare  Caws  3895,  p.  35. 


GENERAL  LAWS 


73 


Judges  of  election  , of  each  election  precinct  which  is  within 
the  County,  (or  with  the  municipality  in  the  case  of  muni- 
cipal elections)  and  in  which  the  election  is  to  be  held,  at 
the  polling  place  of  the  precinct,  the  proper  number  of  bal- 
lots provided  for  in  section  five*  of  this  act.  The  ballots 
shall  be  given  to  the  inspector  of  each  election  precinct, 
but  in  case  it  may  be  impracticable  to  deliver  such  ballots 
to  the  inspector,  then  they  may  be  delivered  to  one  of  the 
Judges  of  election  of  any  such  precinct  and  in  making  the 
appointment  of  Judges  of  election  under  this  chapter  and 
other  election  laws  of  this  State,  not  more  than  a majority 
of  such  Judges  of  election  shall  be  appointed  from  any  one 
political  party  for  each  precinct.  (Sec.  382,  Code,  as 
amended  by  Laws  of  1895,  p.  390.) 


The  inspectors  of  election  shall  provide  in  their  respective 
polling  places  a sufficient  number  of  places,  booths  or  com- 
partments, which  shall  be  furnished  with  such  supplies  and 
conveniences  as  shall  enable  the  voter  conveniently  to  pre- 
pare his  ballot  for  voting,  and  in  which  electors  may  mark 
their  ballots  screened  from  observation,  and  a guard  rail  so 
constructed  that  only  persons  within  such  rail  can  approach 
within  fifty  feet  of  the  ballot  boxes,  or  the  places,  booths  or 
compartments  herein  provided  for.  The  number  of  such 
places,  booths  or  compartments  shall  not  be  less  than  one 
for  every  fifty  electors  or  fraction  thereof  registered,  in  the 
precinct,  or  voting  at  the  last  preceding  election,  where 
there  is  no  registration.  In  precincts  containing  less  than 
twenty-five  voters,  the  election  may  be  conducted  under 
the  provisions  of  this  chapter  without  the  preparation  of 
such  booths  or  compartments  as  required  in  this  section. 
No  person  other  than  electors  engaged  in  receiving,  pre- 
paring or  depositing  their  ballots, or  a person  present  for  the 
purpose  of  challenging  the  vote  of  an  elector  about  to  cast 
his  ballot,  shall  be  permitted  to  be  within  said  rail,  and  in 
case  of  small  precincts  where  places,  booths  or  compart- 
ments are  not  required,  no  person  or  persons  engaged  in 
preparing  his  or  their  ballots  shall  in  anv  way  be  interfered 
with  by  any  person,  unless  it  be  some  one  authorized  by 
the  provisions  of  this  chapter  to  assist  him  or  them  in  pre- 
paring his  or  their  ballot.  The  expense  of  providing  such 
places  or  compartments  and  guard  rails  shall  be  a public 
charge  and  shall  be  provided  for  in  the  same  manner  as  the 


Inspectors  to 
provide  poll- 
ing: places; 
divi  s i o n of 
precincts. 


Code,  Sec.  380,  as  amended,  (Ante.) 


74 


GENERAL  LAWS, 


Ballots  d< 
e r y o f, 
electors. 


Ballots, 

marked. 


other  election  expenses.  On  or  before  the  first  day  of  Sep- 
tember of  each  year  in  which  an  election  is  to  be  held,  the 
officers  now  charged  by  law  with  the  division  or  alteration 
of  election  precincts  shall,  as  far  as  necessary,  alter  or  divide 
the  existing  election  precincts  in  such  manner  that  each 
election  precinct  shall  not  contain  more  than  three  hundred 
voters.  (Sec.  383,  Code.) 

Hv  At  anv  election  it  shall  be  the  duty  of  the  inspector  or 

1 to  one  of  the  judges  of  election  to  deliver  ballots  to  the  quali- 
fied electors.  Any  elector  desiring  to  vote  shall  give  his 
name  to  the  inspector  or  one  of  the  judges,  who  shall  then 
in  an  audible  tone  of  voice  announce  the  same,  whereupon 
a challenge  may  be  interposed  in  the  manner  provided  by 
law.  If  no  challenge  be  interposed  or  if  the  challenge  be 
overruled  the  inspector  or  one  of  the  judges  shall  give  him 
a ballot  at  the  same  time  calling  to  the  Clerks  of  election  the 
number  of  such  ballot.  In  precincts  where  tli^re  is  a regis- 
tration of  voters  it  shall  be  the  duty  of  such  Clerks  to  write 
the  number  of  the  ballot  against  the  name  of  such  elector, 
as  the  same  appears  upon  the  certified  copy  of  poll  books  of 
registration  in  their  possession.  In  precincts  where  there 
are  no  registration  of  voters  it  shall  be  the  duty  of  the  Clerks 
to  transcribe  the  name  of  the  elector  in  the  poll  books,  and 
against  such  name  the  number  of  the  ballot  delivered  to  the 
elector  Each  qualified  elector  shall  be  entitled  to  receive 
from  the  said  judges  one  ballot.  t^Code  Sec.  384,  as  amend- 
ed bv  Laws  of  1895,  p.  391.) 

how  On  receipt  of  his  ballot  the  elector  shall  forthwith  and 
without  leaving  the  polling  place  retire  alone  to  one  of  the 
places,  booths  or  apartments,  provided  to  prepare  his  bal- 
lot. If  he  desires  to  vote  for  all  the  candidates  of  any  poli- 
tical party,  he  may  make  a cross  “X”  after  the  name 
against  the  political  designation  of  such  party,  and  shall 
then  be  deemed  to  have  voted  for  all  the  persons  named  as 
the  candidates  of  such  party.  If  hv  desires  to  vote  for  any 
particular  candidate  of  any  other  political  party  he  may  do 
so.  by  placing  after  the  name  of  such  candidate  a mark 
“X.”  Provided,  that  if  two  or  more  candidates  for  such 
office  are  to  be  elected,  then  such  voter  shall  place  his  mark 
“X”  after  the  name  of  each  of  the  candidates  for  whom  he 
desires  to  vote  for  that  particular  office,  and  in  that  case 
such  voter  shall  then  be  deemed  to  have  voted  for  all  the 
persons  named  as  the  candidates  of  the  political  party  after 


GENERAL  LAWS. 


75 


which  he  shall  have  made  his  mark  “X  ” except  those  who 
are  otherwise  designated  as  herein  provided.  Each  elector 
may  prepare  his  ballot  by  marking  a cross  '‘X”  after  the 
name  of  every  person  or  candidate  for  whom  he  wishes  to 
vote.  In  case  of  a ballot  containing  a constitutional  amend- 
ment or  other  question  to  be  submitted  to  the  vote  of  the 
people  the  voter  shall  mark  a cross  “X”  after  the  question- 
for  or  against  the  amendment  or  proposition  as  the  case 
may  be.  Any  elector  may  write  in  the  blank  spaces  or 
paste  over  any  other  name,  the  name  of  any  person  for 
whom  he  may  wish  to  vote.  Before  leaving  the  booth  or 
compartment  the  elector  shall  fold  his  ballot  in  such  a man- 
ner that  the  number  of  the  ballot  shall  appear  on  the  outside 
thereof  without  displaying  the  marks  on  the  face  thereof,  and 
he  shall  keep  it  folded  until  he  has  voted.  Having  folded  the 
•ballot  the  elector  shall  deliyer  it  folded  to  the  inspector  who 
shall  in  an  audible  tone  of  voice  repeat  the  name  of  the 
elector  and  the  number  of  the  ballot.  The  election  Clerks 
having  the  certified  copies  of  the  poll  books  of  registration 
or  poll  books  in  charge, shall. if  they  find  the  number  mark- 
ed opposite  the  electors  name  on  the  register  or  poll  books 
to  correspond  with  the  number  of  the  ballot  handed  to  the 
inspector,  mark  opposite  the  name  of  such  elector  the  word 
“voted,”  and  one  of  the  Clerks  shall  call  back  in  an  audible 
tone  the  name  of  the  elector  and  the  number  of  his  ballot. 

The  inspector  shall  separate  the  slip  containing  the  number 
of  the  ballot  from  the  ballot,  and  shall  deposit  the  bal- 
lot in  the  ballot  box.  The  numbers  removed  from  ballots 
shall  be  immediately  destroyed.  (Code  Sec.  385.  as  amend- 
ed by  Laws  of  1895.) 

Not  more  than  one  person  shall  be  permitted  to  occupy  One  person 
any  one  booth  at  one  time,  and  no  person  shall  remain  in  or  to  occupy 
occupy  a booth  or  compartment  longer  than  may  be  neces-  booth, 
sary  to  prepare  his  ballot,  and  in  no  event  longer  than  five 
minutes;  provided,  that  the  other  booths  or  compartments 
are  occupied.  (Sec.  386,  Code). 

Any  voter  who  shall  by  accident  or  mistake  spoil  his  in  case  of 
ballot,  may,  on  returning  said  spoiled  ballot,  receive  an-  spoiled  ballot, 
other  in  place  thereof.  (Sec.  387,  Code).  voter  to  re- 

ceive another. 

Any  voter  who  declares  to  the  judges  of  election,  or  Assistance  to 
when  it  shall  appear  to  the  judges  of  election,  that  he  can-  illiterate  or 
not  read,  or  that  by  blindness  or  other  ph)7sical  disability  disabled  voter, 
he  is  unable  to  mark  his  ballot,  shall,  upon  request,  receive 


76 


GENERAL  LAWS. 


Ballots  not  to 
be  deposited 
by  election 
officers  unless 
stamped. 


Uncertain 
ballots,  how 
disposed  of. 


the  assistance  of  one  or  two  of  the  election  officers  in  the 
marking  thereof,  and  such  officer  or  officers  shall  certify  on 
the  outside  thereof  that  it  has  been  so  marked  with  his  or 
their  assistance,  and  shall  thereafter  give  no  information 
regarding  the  same.  The  judges  may,  in  their  discretion, 
require  such  declaration  of  disability  to  be  made  by  the 
voter,  under  oath  before  them,  and  they  are  hereby  qualfied 
to  administer  the  same.  No  elector  other  than  one  who 
may,  because  of  his  inability  to  read  or  physical  disability 
be  unable  to  mark  his  ballot,  shall  divulge  to  any  one  within 
the  polling  place  the  name  of  any  candidate  for  whom  he 
intends  to  vote,  or  to  ask  or  receive  the  assistance  of  any 
person  within  the  polling  place  in  the  preparation  of  his 
ballot.  (Sec.  388,  Code). 

Nq  inspector  or  judge  of  election  shall  deposit  in  any 
ballot  box  any  ballot  upon  which  the  official  stamp  as  here- 
inbefore provided,  does  not  appear.  Every  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor.  (Sec.  389,  Code). 

The  clerk  of  the  board  of  County  Commissioners  in 
each  County  shall  cause  to  be  printed  in  large  type  on 
cards  in  English,  instructions  for  the  guidance  of  electors 
in  preparing  their  ballots.  He  shall  furnish  ten  such  cards 
to  the  judges  of  election  of  each  election  precinct,  and  one 
additional  card  for  each  fifty  electors  or  fractional  part 
thereof  in  the  precinct,  at  the  same  time  and  in  the  same 
manner  as  the  printed  ballots.  The  judges  of  election 
shall  post  not  less  than  one  of  such  cards  on  each  place  or 
compartment  provided  for  the  preparation  of  ballots,  and 
not  less  than  three  of  such  cards  elsewhere  in  and  about  the 
polling  places  upon  the  day  of  election.  Such  cards  shall 
be  printed  in  large,  clear  type,  and  shall  contain  full  in- 
structions to  the  voters  as  to  what  should  be  done,  viz: 

1 —  To  obtain  ballots  for  voting. 

2 —  To  prepare  the  ballots  for  deposit  in  the  ballot  boxes. 

^ — To  obtain  a new  ballot  in  the  place  of  one  spoiled 

by  accident  or  mistake. 

(Code,  Sec.  390,  as  amended  by  laws  of  1895,  p.  392). 

In  the  canvass  of  the  votes,  any  ballot,  or  parts  ot  a 
ballot,  from  which  it  is  impossible  to  determine  the  elector’s 
choice,  shall  be  void,  and  shall  not  be  counted;  provided, 
that  when  a ballot  is  sufficiently  plain  to  gather  therefrom  a 


GENERAL,  LAWS. 


77 


part  of  the  voter’s  intention,  it  shall  be  the  duty  of  the 
judges  of  election  to  count  such  part.  (Sec.  391,  Code,  as 
amended  by  Laws  of  1895,  p.  393.) 

Any  person  who  shall  falsely  make,  or  make  oath  to,  or 
fraudulently  deface  or  fraudulently  destroy  any  certificate 
of  nomination,  or  any  part  thereof,  or  file  or  receive  for 
filing  ail}-  certificate  of  nomination,  knowing  the  same,  or 
any  part  thereof,  to  be  falsely  made,  or  suppress  any-  certifi- 
cate of  nomination  which  has  been  duly  filed,  or  any  part 
thereof,  or  forge  or  falsely  make  the  official  indorsement  on 
any  ballot,  shall  be  deemed  guilty  of  a felony,  and  upon 
conviction  thereof;  in  any  court  of  competent  jurisdiction, 
shall  be  punished  by  imprisonment  in  the  penitentiary  for 
a period  of  not  less  than  one  year  nor  more  than  five  vears. 
(Sec.  392,  Code). 

Any  person  who  shall  during  the  election,  willfully  re- 
move or  destroy  any  of  the  supplies  or  other  conveniences 
placed  in  the  booths  or  compartments  for  the  purpose  of 
enabling  the  voter  to  prepare  his  ballot,  or  prior  to  or  on 
the  day  of  election,  willfully  deface  or  destroy  any  list  of 
candidates  posted  in  accordance  with  the  provisions  of  this 
chapter,  or  who  shall  during  an  election  tear  down  or  de- 
face the  cards  printed  for  the  instruction  of  voters,  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof,  in  any  court  of  competent  jurisdiction,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars. 
(Sec.  393,  Code). 

Any  public  officer,  upon  whom  any  duty  is  imposed  by 
this  chapter,  who  shall  willfully  do  or  perform  any  act  or 
thing  herein  prohibited,  or  willfully  neglect  or  omit  to  per- 
form any  duty  as  imposed  upon  him  by  the  provisions  of 
this  chapter,  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  forfeit  his  office,  and  shall  be 
punished  by  imprisonment  in  the  county  jail  for  a term  of 
not  less  than  one  month  nor  more  than  six  mouths,  or  by  a 
fine  of  not  less  than  fifty  dollars  and  not  more  than  five 
hundred  dollars,  or  by  both  such  fine  and  imprisonment. 
(Sec.  394,  Code). 

No  officer  of  election  shall  do  any  electioneering  on 
election  day.  No  person  shall  do  any  electioneering  on 
election  day  within  any  polling  place  or  any  building  in 
which  an  election  is  being  held,  or  within  fifty  feet  thereof, 


Fraud  as  to 
certificates  of 
nomination 
or  ballots  is 
felony. 


Defacing-  or 
destroying- 
supplies,  etc. , 
how  punish- 
ed. 


Duty  of  pub- 
lic officers  at 
elections — 
Punishment 
for  violation 
of. 


Electioneer- 
ing- prohibit- 
ed within 
polling  place- 


GENERAL  LAWS. 


78 


nor  obstruct  the  doors  or  entries  thereto,  or  prevent  free  in- 
gress to  and  egress  from  said  building.  Any  election  officer, 
sheriff,  constable,  or  other  peace  officer,  is  hereby  authorized 
and  empowered,  and  it  is  hereby  made  his  duty,  to  clear 
the  passageway  and  prevent  such  obstruction,  and  to  arrest 
any  person  creating  such  obstruction.  No  person  shall  re- 
move any  ballot  from  the  polling  place  before  the  closing 
of  the  .polls.  No  person  shall  show  his  ballot  after  it  is 
marked  to  any  person  in  such  a way  as  to  reveal  the  con- 
tents thereof,  or  the  name  of  any  candidate  or  candidates 
for  whom  he  has  marked  his  vote,  nor  shall  any  person 
solicit  the  elector  to  show  the  same;  nor  shall  any  person, 
except  a judge  of  election,  receive  from  any  elector  a ballot 
prepared  for  voting.  No  elector  shall  receive  a ballot  from 
any  other  person  than  one  of  the  judges  of  election  having 
charge  of  the  ballots,  nor  shall  any  person  other  than  such 
inspector  or  judges  of  election  deliver  a ballot  to  such 
elector.  No  elector  shall  vote  or  offer  to  vote  any  ballot 
except  such  as  he  has  received  from  the  judges  of  election 
having  charge  of  the  ballots.  No  elector  shall  place  any 
mark  upon  his  ballot  by  which  it  may  afterwards  be  ident- 
ified as  the  one  voted  by  him.  Any  elector  who  does  not 
vote  a ballot  delivered  to  him  by  the  judges  of  election 
having  charge  of  the  ballots  shall,  before  leaving  the  poll- 
ing place,  return  such  ballot  to  such  judges.  Whoever  shall 
violate  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  thereof,  in 
any  court  of  competent  jurisdiction,  shall  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars  and  adjudged  to 
pav  the  costs  of  prosecution.  (Sec.  395,  Code). 


Distribution  It  shall  be  the  duty  of  the  Secretary  of  State  to  cause 

of  election  to  be  published  in  pamphlet  form,  and  distributed  through 
laws  by  See-  the  clerks  of  the  boards  of  County  Commissioners  of  the 
retary  of  State,  respective  Counties,  a sufficient  number  of  copies  of  this 
law,  together  with  the  registration  law  of  the  State,  and 
such  other  laws  as  bear  upon  the  subject  of  election  as  will 
nlace  a copy  thereof  in  the  hands  of  all  officers  of  election. 
(Sec.  396,  Code). 


Time  of  open-  At  all  elections  held  under  the  provisons  of  this  act,  the 
ing  and  clo?!-  polls  shall  be  opened  at  nine  o’clock  a.  m.,  and  closed  at 
ing  polls.  seven  o’clock  p.  m.  (Sec.  397,  Code). 


GENERAL  LAWS. 


79 


At  all  elections  the  polls  shall  be  opened  at  nine  o’clock 
in  the  morning,  and  shall  continue  open  without  recess  un- 
til seven  o’clock  in  the  evening,  at  which  time  the  judges 
shall  close  the  polls;  provided,  that  in  sparsely  settled  pre- 
cincts, whenever  a sufficient  number  of  qualified  electors  to 
constitute  a board  of  election  are  not  present  at  nine 
o'clock  on  the  morning  of  the  day  of  the  election,  it  shall 
be  lawful  to  open  the  polls  as  soon  thereafter  as  a sufficient 
number  are  present.  (Sec.  398,  Code). 

The  board  of  judges,  before  they  commence  receiving 
ballots,  shall  cause  it  to  be  proclaimed  aloud  at  the  place  of 
voting,  that  the  polls  are  now  open.  (Sec.  399,  Code). 

It  shall  be  the  duty  of  the  Auditors  of  the  several 
Counties  to  furnish  the  inspectors  of  each  election  precinct 
with  two  poll  books  at  least  five  days  before  the  time  of 
holding  the  election.  (Sec.  400,  Code). 

The  voting  shall  be  by  ballot.  No  ballot  shall  bear  any 
impression,  devise,  color  or  thing  designated  to  distinguish 
such  ballot  from  other  legal  ballots,  or  whereby  the  same 
.maybe  known  or  designated.  The  ballot  shall  be  eight 
inches  in  width,  and  of  such  length  as  shall  be  necessary  to 
print  the  names  of  all  the  candidates  who  shall  be  duly 
nominated  according  to  law,  and  whose  nomination  shall 
be  duly  certified  to  the  clerk  of  the  board  of  County 
Commissioners,  such  length  to  be  determined  bv  the  said 
clerk  of  said  board  of  County  Commissioners.  All  of  the 
official  ballots,  after  the  same  shall  be  so  prepared  by  the 
said  clerk,  shall  be  of  the  same  size  for  each  and  every  pre- 
cinct, and  shall  not  vary  one-eighth  of  an  inch  in  breadth 
from  the  above  specification.  (Sec.  401,  Code,  as  amended 
by  Laws  of  1895,  p.  394.) 

The  name  of  each  elector  whose  ballot  has  been  thus 
received  shall  be  immediately  entered  by  each  Clerk  in  the 
column  of  his  poll  list  headed  “Names  of  Voters.”  number- 
ing each  name  in  the  additional  column  as  it  is  taken  down, 
so  that  it  may  be  seen  at  any  time  whether  the  two  lists 
agree.  Whenever  the  board  of  election  rejects  a ballot  it 
must  at  the  time  of  such  rejection  cause  to  be  made  thereon 
and  signed  by  a majority  of  the  board  an  indorsement  of 
such  rejection,  and  of  the  cause  thereof.  All  rejected  bal- 
lots must  be  preserved  and  returned  in  the  same  manner  as 
other  ballots.  Whenever  a question  arises  in  the  board  as 
to  the  legality  of  a ballot  or  any  part  thereof  and  the  board 


If  electors  are 
not  present, 
polls  may  be 
opened  when 
they  do  ap- 
pear. 


Proclaiming 
polls  to  be 
open. 

Poll  books  to 
be  furnished. 


Distinguish- 
ing marks 
prohibited. 


Poll  list,  how 
to  be  kept  ; 
preservatio  n 
of  rejected 
ballots. 


8o 


GENERAL  LAWS 


Challengi  11  «■ 
votes. 


Duty  of  elec- 
tion officers 
in  case  of 
challenge. 


When  vote  is 
to  ht  rejected. 


Challe  nged 
persons  to  be 
sworn. 


decide  in  favor  of  the  legality,  such  action,  together  with  a 
concise  statement  of  the  facts  that  gave  rise  to  the  objection, 
must  be  indorsed  on  the  ballot,  and  signed  by  a majority  of 
the  board.  (Sec.  402.  Code.  ) 

Any  person  offering  to  vote  may  be  challenged  as  un- 
qualified by  the  inspector  or  either  of  the  Judges  or  by  any 
legal  voter,  and  it  shall  in  all  cases  be  the  duty  of  the  in- 
spector and  each  of  the  judges  to  challenge  any  person  offer- 
ing to  vote  whom  they  shall  know  or  suspect  not  to  be  duly 
qualified  as  an  elector.  (Sec.  403,  Code.) 

When  any  person  offering  to  vote  is  challenged,  it  shall 
be  the  duty  of  the  Judges  to  declare  to  him  the  qualifications 
of  an  elector,  and  the  inspector  or  one  of  the  Judges  shall 
tender  him  the  following  oath:  “You  do  swear  (or  affirm ) 

that  you  will  truly  and  fully  answer  all  questions  as  shall  be 
put  to  you  touching  your  place  of  residence  and  qualifica- 
tions as  an  elector.”  The  inspector  or  one  of  the  Judges 
shall  then  proceed  to  question  the  person  challenged  in  re- 
lation to  his  name,  his  then  place  of  residence,  how  long  he 
has  resided  in  the  precinct  and  County,  where  his  last  place 
of  residence  was.  also  as  to  his  citizenship,  and  whether  a 
native  or  naturalized  citizen,  and  if  the  latter,  when,  where, 
in  what  County  or  before  what  officer  he  was  naturalized, 
and  all  such  other  questions  as  shall  tend  to  test  his  qualifi- 
cations as  to  citizenship  and  the  right  to  vote.  (Sec.  404, 
Code.) 

If  any  person  shall  refuse  to  take  the  aforesaid  oath, 
when  so  tendered,  or  to  answer  any  and  all  pertinent  ques- 
tions as  to  qualifications,  his  vote  shall  be  rejected;  and  if 
the  board  of  Judges  are  satisfied,  from  answers  as  aforesaid, 
that  such  person  is  not  a legal  voter,  the}’  shall  reject  his 
vote  (Sec.  405,  Code.) 

If  such  person  shall  insist  that  he  is  entitled  to  vote, 
and  the  board  of  Judges  find  no  cause  to  reject  his 
vote,  under  the  preliminary  examination,  and  the  challenge 
shall  not  be  withdrawn,  he  shall  not  be  entitled  to  vote  un- 
less he  takes  the  following  oath,  to  be  administered  by  the 
inspector  or  one  of  the  Judges,  viz:  “You  do  swear  (or  affirm, 
as  the  case  nifty  be),  that  you  have  resided  in  this  State  one 
year  preceding  this  election,  in  this  County  ninety  days,  and 
in  this  precinct  thirty  days,  and  ha/e  not  voted  this  day, 
and  that  you  are  otherwise  qualified  to  vote  at  this  elec- 
tion." And  in  case  the  person  offering  to  vote  produces  a 


k 


GENERAL  LAWS. 


81 


• 1 


certified  transcript  of  the  record  of  a court  of  competent 
jurisdiction,  admitting  him  to  citizenship,  or  certificate  of 
declaration  of  citizenship,  duly  attested  by  the  Clerk  there- 
of, as  evidence  of  his  right  to  vote,  and  if  the  person  so 
producing  the  same  is  unknown  to  the  board  of  Judges,  he 
shall  make  oath  that  he  is  the  person  therein  named.  (Sec. 

406,  Code.) 

If  any  person  shall  take  the  oath  as  tendered  to  him  bv  when  per- 
tlie  inspector  or  Judges  and  no  evidence  is  offered  to  traverse  so  11  c h a 1- 
the  same  by  the  officer  or  party  challenging,  and  shall  other-  leased  may 
wise  comply  with  the  requirements  of  law  regulating  the  vote, 
balloting,  he  shall.be  admitted  to  vote,  but  if  he  refuse  to 
take  the  oath  or  affirmation  so  tendered  him  his  vote  shall 
be  rejected;  but  before  the  ballot  of  the  voter  shall  be  de- 
posited he  shall  be  required  to  sign  the  registration  book  in 
the  column  headed  “Remarks,”  and  in  case  such  voter  is 
incapable  of  writing  his  name,  he  shall,  at  the  left  hand 
side  of  the  column  make  a cross  or  other  mark  usually  em- 
ployed by  such  voter  for  indicating  his  signature,  and  some 
person  who  is  personally  known  to  the  inspector  and  who 
personally  knows  the  voter  shall  sign  the  registration  book 
in  his  behalf  as  identifying  witness.  (Sec.  407,  Code,  as 
amended  by  act  of  March  10,  1893,  page  273,  Session 
Laws  1893.) 

If  the  vote  of  any  person  be  challenged  011  the  ground  Challenge  on 
that  he  has  been  convicted  of  an  infamous  crime,  and  shall  ground  of 
remain  unpardoned  or  disfranchised  by  any  court  of  a com-  conviction  of 
petent  jurisdiction,  he  shall  not  be  required  to  answer  any  i n f a m ous 
questions  respecting  such  alleged  conviction,  and  in  the  crime, 
absence  of  any  authenticated  record  of  such  fact.it  may  be 
competent  for  two  disinterested  witnesses,  upon  oath,  to 
prove  the  same.  (Sec.  408,  Code.) 

When  the  polls  are  closed,  proclamation  thereof  shall  Closing  of 
be  made  at  the  place  of  voting,  and  no  votes  shall  be  after-  polls  to  be 
wards  received,  (Sec.  409,  Code.)  proclaimed. 


As  soon  as  the  polls  are  closed  on  the  afternoon  of  the 
day  of  election,  the  Judges  shall  open  the  ballot  box  and 
commence  counting  the  votes,  and  in  no  case  shall  tl?e  box 
be  removed  from  the  room  in  which  any  election  111a v 
be  held  until  all  the  ballots  are  counted.  (Sec.  410,  Code.) 


Count!  n g 
votes. 


[The  oath  above  given  is  made  to  correspond  to  the  provisions  of 
the  constitution,  the  changes  being  in  italic.] 


82 


GENERAL  LAWS. 


Details  as  to 
counting  o f 
ballots. 


Clerks  shall 
keep  ta  1 1 v, 
etc. 


When  ticket 
shall  he  re- 
j ected . 


Disposi  tion 
of  ballots. 


Howto'  make 
out  election 
returns. 


The  counting  of  ballots  shall  in  all  cases  be  public 
The  ballots  shall  be  taken  out  carefully,  one  by  one,  by  the 
inspector  or  one  of  the  Judges,  who  shall  open  them  and 
read  aloud  the  name  of  each  person  contained  therein,  and 
the  office  for  which  every  such  person  is  voted  for.  (Sec. 
41 1,  Code.) 

Each  Clerk  shall  write  down  each  office  to  be  filled, and 
the  name  of  each  person  voted  for  for  such  office,  and  shall 
keep  the  number  of  votes  by  tallies  as  they  are  read  aloud 
by  the  inspector  or  judge.  The  counting  of  the  votes  shall 
be  continued  without  adjournment  until  all  are  counted. 
(Sec.  412,  Code.) 

If  two  tickets  are  found  folded  together  they  shall  both 
be  rejected,  and  if  more  persons  are  designated  on  any 
ticket  for  any  office  than  are  to  be  elected  to  such  office, 
such  part  of  the  ticket  shall  not  be  counted  for  any  of  them; 
but  no  ticket  shall  be  lost  for  want  of  form,  or  mistake  in 
initials  of  names,  if  the  board  of  Judges  can  determine  to 
their  satisfaction  the  person  voted  for  and  the  office  intend- 
ed. (Sec.  413,  Code.) 

It  shall  be  the  duty  of  the  inspector,  or  one  of  the 
Judges,  to  string  the  ballots  at  the  time  of  counting,  and 
after  all  the  ballots  have  been  counted  and  strung  it  shall 
be  the  duty  of  the  inspector  to  place  them  in  a sealed  en- 
velope and  write  thereon  “Ballots  of  precinct,  

County,  State  of  Washington,  of  election  held  this day 

of  — — , 18 — and  send  said  sealed  envelope  to  the  Auditor 
of  the  County  where  said  election  is  held,  who  shall  keep 
said  sealed  envelope  containing  said  ballots  unopened  for 
the  period  of  six  months,  to  be  used  only  as  evidence  in  case 
or  cases  of  contest  when  called  for,  at  the  end  of  which 
time  it  shall  be  the  duty  of  said  County  Auditor  to  burn 
said  ballots  in  presence  of  two  other  County  officers.  (Sec. 
414,  Code.) 

As  soon  as  all  the  votes  are  read  off  and  counted  a cer- 
tificate shall  be  drawn  up  on  each  of  the  papers  containing 
the  poll  list  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  person  voted  for  has  received  and 
designating  the  office  to  fill  which  he  was  voted  for,  which 
number  shall  be  written  in  words  at  full  length.  Each  cer- 
tificate shall  be  signed  by  the  Clerks,  the  Judges  and  in- 
spector; one  of  said  certificates  with  ballots,  poll  lists  and 
tally  paper,  oath  of  inspector,  Judges  and  Clerks  shall  be 


GENERAL  LAWS. 


*3 


sealed  up  by  the  inspector  and  indorsed  ‘‘Election  returns,” 
and  be  directed  or  sent  by  the  inspector  to  the  County  Audi- 
tor of  the  County  in  which  the  election  is  to  beheld  (Sec. 

415,  Code.) 

The  said  package  shall  be  delivered  to  the  County  Audi- 
tor by  one  of  the  Judges  or  Clerks  of  the  election,  in  per- 
son, or  may  be  sent  by  registered  mail.  If  sent  by  mail  it 
shall  be  mailed  by  one  of  the  Judges.  The  other  of  said 
certificates,  with  poll  list  and  tally  papers,  oaths  of  Judges, 
inspector  and  Clerks,  shall  be  retained  by  the  inspector  and 
preserved  by  him  at  least  six  mouths.  Tally  papers,  poll 
list  or  certificate  returned  from  any  election  shall  not  be 
set  aside  nor  rejected  for  want  of  form,  nor  on  account  of 
not  being  strictly  in  accordance  with  the  directions  of  this 
•chapter,  if  the  same  be  satisfactorily  understood.  (Sec. 

416,  Code.) 

On  the  tenth  day  after  the  day  of  each  election,  or  as 
soon  as  he  shall  have  received  the  returns  from  each  pre- 
cinct of  the  County,  if  he  receive  them  within  that  time,  it 
shall  be  the  duty  of  the  County  Auditor  to  notify  two  County 
officers,1  one  of  whom  shall  be  a Judge  of  probate,  to  be  pre- 
sent at  the  office  of  said  County  Auditor,  on  a day  named  by 
said  County  Auditor,  for  the  purpose  of  canvassing  the  votes 
cast  at  election  in  the  different  precincts  of  the  County,  and 
it  shall  be  the  duty  of  the  Judge  of  probate  present,  as  one 
of  the  canvassers  of  said  votes,  to  administer  the  following 
oath  or  affirmation  to  the  County  Auditor,  having  in  his 
possession  the  election  returns  of  said  County:  “I  do 

solemnly  swear  (or  affirm)  that  the  returns  purporting  to  be 
the  election  returns  of  the  several  precin&tsvm^this  County 
have  been  in  no  wise  altered  by  additions ^o?~-erasures,  and 
that  they  are  the  same  as  when  I received  them;  so  help  me 
God;”  the  said  oath  or  affirmation  to  be  in  writing  and 
signed  by  the  County  Auditor  and  certified  to  by  the  afore- 
said Judge  of  probate  and  placed  on  file  in  said  Auditor’s 
office,  among  the  papers  appertaining  to  said  election. 
And  then  the  said  Auditor,  with  the  assistance  of  two  County 
officers  aforesaid,  shall  proceed  to  count  the  votes  of  said 
County  or  precincts,  a statement  of  which  shall  be  drawn 
up  and  signed  by  them.  And  it  shall  be  deemed  a mis- 
demeanor in  the  County  Auditor,  if  he  shall  neglect  or  re- 

1 This  section  is  amended  by  the  one  immediately  following-  so  far 
as  the  canvassing  board  is  concerned. 


Delivery  of 
re  turns  to 
County  Audi- 
tor, etc. 


Canvass  of 
votes. 


84 


GENERAL  LAWS. 


Hoard  to  can- 
vass election 
returns. 


Vacan  c y in 
board  of  can- 
vassers. 


Audi  to  r to 
issue  certifi- 
cate of  elec- 
tion. 


Tie  vote, how 
decided. 


Proceed  in  gs 
wh  e n c a n- 
vassing  offi- 
cer is  candi- 
date. 

Return  s a f- 
fecting  d i s- 
trict  officer. 


fuse  to  return  the  total  number  of  votes  as  counted,  if  such 
votes  can  be  with  reasonable  certainty  ascertained.  (Sec. 
417,  Code.) 

The  County  Auditor,  Chairman  of  the  Board  of  County 
Commissioners  and  Prosecuting  Attorney  shall  be  the  Coun- 
ty canvassing  board  of  election  returns  for  all  special  and 
general  County  and  State  elections  in  each  County.  (Sec. 
1,  page  271,  Laws  1893.) 

If  for  any  reason  there  is  a vacancy  or  vacancies  in  the 
canvassing  board  provided  for  in  the  [this]  act,  the  remain- 
ing member  or  members  of  the  board  shall  have  the  power 
and  it  is  hereby  made  his  or  their  duty  to  clioose  the  County 
officer  or  officers  to  fill  such  vacancy  or  vacancies.  (Sec.  2. 
page  271,  Laws  1893.) 

The  person  having  the  highest  number  of  votes  given 
for  each  office  to  be  filled  by  the  voters  of  a single  County, 
or  of  a precinct,  shall  be  declared  duly  elected,  and  the 
County  Auditor  shall  injmediately  notify  him  of  his  election, 
and  it  shall  be  the  duty  of  said  Auditor  to  make  out  and 
deliver  to  any  person  so  notified  a certificate  of  election, 
upon  his  making  application  to  the  Auditor.  (Sec.  418, 
Code.) 

If  the  requisite  number  of  County  or  Precinct  officers 
shall  not  be  elected  by  reason  of  two  or  more  persons  hav- 
ing an  equal  and  highest  number  of  votes  for  one  and  the 
same  office,  the  County  Auditor  shall  give  notice  to  the 
several  persons  so  having  the  highest  and  an  equal  number 
of  votes  to  attend  at  the  office  of  the  Auditor  at  the  time  to 
be  appointed  by  said  Auditor,  who  shall  then  and  there  pro- 
ceed publicly  to  decide  by  lot  which  of  the  persons  so  hav- 
ing an  equal  number  of  votes  shall  be  declared  duly  elected, 
and  the  said  Auditor  shall  make  out  and  deliver  to  the  per- 
son thus  declared  duly  elected  a certificate  of  his  election, 
as  hereinbefore  provided.  (Sec.  419,  Code.) 

When  a County  Auditor  is  to  be  elected,  the  Probate 
Judge  shall  examine  the  returns  as  soon  as  they  are  filed, 
and  issue  to  the  person  chosen  a certificate  of  election  in 
the  form  prescribed  in  the  preceding  section.  (Sec.  420, 
Code.) 

When  there  are  officers  voted  for  who  are  to  be  chosen 
by  the  electors  of  a district  composed  of  two  or  more  Coun- 
ties it  shall  be  the  duty  of  each  of  the  County  Auditors  of 


GENERAL  LAWS. 


85 


the  Counties  composing  such  district,  immediately  after 
making  out  the  statement  specified  in  section  four  hundred 
and  seventeen,  to  extract  therefrom  so  much  as  relates  to 
the  election  of  such  officers,  and  to  certify  under  his  hand 
and  the  seal  of  the  County  that  such  extract  contains  a full 
statement  of  all  the  votes  given  for  district  officer  as  return- 
ed to  him,  and  without  del^y  transmit  the  same  to  the  Audi- 
tor of  the  senior  of  the  Counties  composing  such  district. 

The  said  County  Auditor  shall  compare  the  returns,  make 
up  a statement  of  the  vote  of  the  district  for  such  officers, 
and  file  the  same,  together  with  the  returns  from  the  other 
Counties,  in  like  manner  as  is  prescribed  in  section  four 
hundred  and  seventeen  of  this  volume  of  General  Statutes. 

He  shall  also  make  out  and  transmit  to  the  Secretary  of 
State  such  statement  of  the  votes  of  the  district,  signed  by 
him  officially  and  authenticated  with  the  seal  of  the  County, 
and  shall  furnish  the  person  elected  a certificate  of  election. 

(Sec.  421,  Code.) 

When  there  are  others  officers  voted  for  who  are  chosen  Duties  of 
by  the  qualified  voters  of  this  State,  it  shall  be  the  duty  of  County  Audi- 
each  County  Auditor  so  soon  as  the  statement  of  the  vote  tors  and 
of  his  County  is  made  out  as  required  in  section  four  hun-  Secretary  of 
dred  and  seventeen  of  this  volume  of  General  Statutes,  to  state  as  to 
copv  therefrom  so  much  as  relates  to  the  vote  given  for  election  re- 
such  officer,  certify  to  the  correctness  thereof  under  his  turns, 
hand  and  the  seal  of  the  County,  and  transmit  the  same  to 
the  Secretary  of  State,  indorsing  011  the  package  the  words 
“Election  returns.”  On  the  thirtieth  day  after  the  day  of 
election,  or  as  soon  as  the  returns  shall  have  been  received 
from  all  the  Counties  of  the  State,  if  received  within  that 
time,  the  Secretary  of  State  shall  compare  and  estimate  the 
vote  and  make  out  and  file  in  his  office  a statement  thereof, 
a copy  of  which  shall  be  transmitted  to  the  governor. 

Upon  this  statement  the  commission  or  certificate  shall 
issue.  (Sec.  422,  Code.) 

It  shall  be  and  is  hereby  made  the  duty  of  the  County  Duty  of  Audi- 
Auditor  in  each  County  of  this  State,  immediately  after  tor. 
making  abstracts  of  the  vote  given  in  the  County  at  the  gen- 
eral or  special  ^election  for  members  of  the  Legislature, 

County,  State  or  District  officers  or  members  of  Congress  to 
transmit  by  mail  a certified  copy  of  said  abstract  to  the 
vSecretary  of  State  at  the  seat  of  government.  It  shall  be 
the  duty  of  the  Secretary  of  State  to  furnish  uniform  and 


S6 


GENERAL  LAWS. 


Informal  i t y 
shall  not  de 
ter  issuance 
of  certificate. 


Returns  to  be 
transmit  ted 
by  registered 
mail. 

When  special 
elect  ion  is 
necessary  to 
de  c i d e tie 
vote. 

Cau  s e s for 
cont  esting 
elections. 


proper  blanks  to  each  and  every  County  Auditor  in  the 
State,  on  which  said  County  Auditor  shall  make  returns  to 
the  Secretary’s  office.  The  County  Auditor  shall  make  re- 
turns of  all  persons  voted  for  State,  County  and  District 
officers  (Code  Sec.  423,  as  amended  by  Laws  of  1S95,  p. 
394- ) 

No  certificate  shall  be  withheld  on  account  of  any  de- 
fect or  informality  in  the  returns  of  any  election  if  it  can 
with  reasonable  certainity  be  ascertained  from  such  return 
what  office  is  intended  and  who  is  entitled  to  such  certifi- 
cate, nor  shall  any  commission  be  withheld  by  the  gov- 
ernor on  account  of  any  defect  or  informality  of  any  re- 
turn made  to  the  office  of  the  Secretary  of  State  (Sec. 
424,  Code  ) 

Whenever  returns  are  required  to  be  transmitted  by  the 
County  Auditor  to  the  Secretary  of  State  it  shall  be  the  duty 
of  the  County  Auditor  to  deliver  the  same  to  some  postmas- 
ter of  the  County  at  the  postoffice,  to  be  transmitted  by 
registered  mail  (Sec  425,  Code.) 

If,  at  any  election  to  fill  any  district  or  legislative  office, 
two  or  more  persons  receive  the  highest  and  equal  number 
of  votes,  it  shall  be  declared  that  there  is  no  choice,  and  a 
special  election  to  fill  such  office  shall  be  ordered  by  the 
proper  officer.  (Sec.  426,  Code. ) 

Any  elector  of  the  proper  County  may  contest  the  right 
of  an\-  person  declared  duly  elected  to  an  office  to  be  exer- 
cised in  and  for  such  County;  and  also  any  elector  of  a pre- 
cinct may  contest  the  right  of  any  person  declared  duly 
elected  to  any  office  in  and  for  such  precinct,  for  any  of  the 
following  causes: 

1.  For  malconduct  011  the  part  of  the  Board  of  Judges 
or  any  member  thereof. 

2.  When  the  person  whose  right  to  office  is  contested 
was  not,  at  the  time  of  election,  eligible  to  such  office. 

3.  When  the  person  whose  right  is  contested  shall 
have  been,  previous  to  such  election,  convicted  of  an  in- 
famous crime  by  any  court  of  competent  jurisdiction,  such 
conviction  not  having  been  reversed  nor  such  person  re- 
lieved from  the  legal  infamy  of  such  conviction. 

4.  When  the  person  whose  right  is  contested  has  given 
to  any  elector  or  inspector,  judge  or  clerk  of  election,  any 
bribe  or  reward,  or  shall  have  offered  any  such  bribe  or  re- 
ward for  the  purpose  of  procuring  his  election. 

5.  On  account  of  illegal  votes.  (Sec.  427,  Code.) 


GENERAL  LAWS 


«7 


No  irregularity  or  improper  conduct  in  the  proceedings 
of  the  Board  of  Judges,  or  any  one  of  them,  shall  be  con- 
strued to  amount  to  such  malconduct  as  to  annul  or  .set 
aside  any  election,  unless  the  irregularity  or  improper  con- 
duct shall  have  been  such  as  to  procure  the  person  whose 
right  to  the  office  may  be  contested  to  be  declared  duly 
elected  when  he  had  not  received  the  highest  number  of 
legal  votes.  (Sec.  428,  Code.) 

When  any  election  held  for  an  office  exercised  in  and 
for  a county  is  contested  on  account  of  any  malconduct  on 
the  part  of  the  Board  of  Judges  of  any  precinct  election,  or 
any  member  thereof,  the  election  shall  not  be  annulled  and 
set  aside  upon  any  proof  thereof,  unless  the  rejection  of  the 
vote  of  such  Precinct  or  Precincts  shall  change  the  result 
as  to  such  office  in  the  remaining  vote  of  the  County.  (Sec. 
429,  Code.) 

Nothing  in  the  fifth  ground  of  contest,  specified  in 
section  four  hundred  and  twenty-seven  of  this  volume  of 
General  Statutes,  shall  be  so  construed  as  to  authorize  an 
election  to  be  set  aside  on  account  of  illegal  votes,  unless 
it  shall  appear  that  an  amount  of  illegal  votes  has  been 
given  to  the  person  whose  right  to  the  office  is  contested, 
which,  if  taken  from  him,  would  reduce  the  number  of  his 
legal  votes  below  the  number  of  votes  given  to  some  other 
person  for  the  same  office  after  deducting  therefrom  the 
illegal  votes  which  may  be  shown  to  have  been  given  to 
such  other  person.  (Sec.  430,  Code.) 

No  person  shall  be  competent  to  contest  an  election 
unless  lie  is  a qualified  elector  of  the  District,  County  or 
Precinct,  as  the  case  may  be,  in  which  the  office  is  to  be 
exercised.  (Sec.  431,  Code.) 


When  any  such  elector  shall  choose  to  contest  the  right 
of  any  person  declared  duly  elected  to  such  office,  he  shall, 
within  ten  days  after  such  person  shall  have  been  declared 
elected  to  such  office,  file  with  the  Clerk  of  the  Superior 
Court  of  the  County  a written  statement  setting  forth 
specifically — 

1.  The  name  of  the  party  contesting  such  election, 
and  that  he  is  a qualified  elector  of  the  District,  County  or 
Precinct,  as  the  case  may  be,  in  which  such  election  was 
held. 


Malcon  duct 
of  judges, 
when  suffi- 
cient to  an- 
nul election. 


County  elec- 
tion to  be  an- 
nulled only 
upon  one 
condition. 


Election  may 
be  set  aside 
on  accou  n t 
of  illegal 
votes. 


Person  c a 11- 
not  contest 
election  un- 
less he  is 
a qualified 
elector 

Statement  of 
contestants. 


88 


GENERAL  LAWS, 


Sufficiency  oi 
testimony. 


Statement  of 
cause  of  con- 
test not  to  be 
rejected  for 
want  of  form. 


Trial  conte.^. 


Citation  and 
service  upon 
party  whose 
right  to  office 
is  contested. 


2.  The  name  of  the  person  whose  right  to  the  office  is 
contested. 

3.  The  office. 

4.  The  particular  cause  or  causes  of  such  contest, 
which  statement  shall  be  verified  by  the  affidavit  of  the 
contesting  party  that  the  matters  and  things  therein  con- 
tained are  true,  as  he  verily  believes.  (Sec.  432,  Code.) 

When  the  reception  of  illegal  votes  is  alleged  as  a cause 
of  contest,  it  shall  be  sufficient  to  state  generallv  that 
illegal  votes  were  cast,  which,  if  given  to  the  person  whose 
election  is  contested  in  the  specified  Precinct  or  Precincts, 
will,  if  taken  from  him,  reduce  the  number  of  his  legal 
vote  below  the  number  of  legal  votes  given  to  some  other 
person  for  the  same  office;  but  no  testimony  shall  be  re- 
ceived of  any  illegal  votes  unless  the  party  contesting  such 
election  shall  deliver  to  the  opposite  party,  at  least  three 
days  before  such  trial,  a written  list  of  the  number  of 
illegal  votes  and  bv  whom  given,  which  he  intends  to  prove 
on  such  trial,  and  no  testimony  shall  be  received  of  any 
illegal  votes  except  such  as  are  specified  in  such  list.  (Sec. 
433,  Code.) 

No  statement  of  the  cause  of  contest  shall  be  rejected, 
nor  the  proceedings  thereon  dismissed  by  any  Court  before 
which  such  contest  may  be  brought  for  trial,  for  want  of 
form,  if  the  particular  cause  or  causes  of  contest  shall  be 
alleged  with  such  certainty  as  will  sufficiently  advise  the 
defendant  of  the  particular  proceedings  or  cause  for  which 
such  election  is  contested.  (Sec.  434,  Code.) 

Upon  such  statement  being  filed,  it  shall  be  the  duty  of 
the  Clerk  to  inform  the  Judge  of  the  Superior  Court,  who 
may  give  notice,  and  order  a session  of  said  Court  to  be 
held  at  the  usual  place  of  holding  said  Court,  on  some  dav 
to  be  named  by  him,  not  less  than  ten  nor  more  than 
twenty  days  from  the  date  of  such  notice,  to  hear  and  de- 
termine such  contested  election;  provided,  if  no  session  be 
called  for  the  purpose,  such  contest  shall  be  determined  at 
the  first  regular  session  of  said  Court  after  such  statement 
is  filed.  (Sec.  435,  Code.) 

The  Clerk  of  said  court  shall  also  at  the  time  issue  a 
citation  for  the  person  whose  right  to  the  office  is  contested, 
to  appear  at  the  time  and  place  specified  in  said  notice, 
which  citation  shall  be  delivered  to  the  Sheriff  or  Con- 
stable, and  be  served  upon  the  party  in  person;  or  if  he  can- 


GENERAL  LAWS. 


«9 


not  be  found,  by  leaving  a copy  thereof  at  the  house  where 
he  last  resided.  (Sec.  436.  Code.) 

The  said  Clerk  shall  issue  subpoenas  for  witnesses  in 
such  contested  election  at  the  request  of  either  part}T,  which 
shall  be  served  by  the  Sheriff  or  Constable  as  other  subpoe- 
nas, and  the  Superior  Court  shall  have  full  power  to  issue 
attachment  to  compel  the  attendance  of  witnesses  who  shall 
have  been  duly  subpoenaed  to  attend  if  they  fail  to  do  so. 
(Sec.  437,  Code.) 

Said  court  shall  meet  at  the  time  and  place  designated 
to  determine  such  contested  election  by  the  rules  of  law 
and  evidence  governing  the  determination  of  questions  of 
law  and  fact,  so  far  as  the  same  may  be  applicable,  and 
may  dismiss  the  proceedings  if  the  statement  of  the  cause  or 
causes  of  contest  is  insufficient,  or  for  want  of  prosecution. 
After  hearing  the  proofs  and  allegations  of  the  parties,  the 
court  shall  pronounce  judgment  in  the  premises,  either  con- 
firming or  annulling  and  setting  aside  such  election,  accord- 
ing to  the  law  and  right  of  the  case.  (Sec.  438,  Code.) 

If  in  any  such  case  it  shall  appear  that  another  person 
than  the  one  returned  has  the  highest  number  of  legal 
votes,  said  court  shall  declare  such  person  duly  elected. 
(Sec.  439>  Code.) 

If  the  proceedings  are  dismissed  for  insufficiency,  want 
of  prosecution,  or  the  election  is  by  the  court  confirmed, 
judgment  shall  be  rendered  against  the  party  contesting 
such  election  for  costs,  in  favor  of  the  party  whose  election 
was  contested.  (Sec.  440.  Code.) 

If  such  election  is  annulled  and  set  aside,  judgment  for 
costs  shall  be  rendered  against  the  party  whose  election 
was  contested,  in  favor  of  the  party  contesting  the  same. 
(Sec.  441,  Code.) 

Either  party  feeling  himself  aggrieved  by  the  judgment 
of  said  court  may  appeal  therefrom  to  the  Supreme  Court  as 
in  other  cases  of  appeal  thereto.  (Sec.  442,  Code.) 

Whenever  an  election  shall  be  annulled  and  set  aside 
by  the  judgment  of  the  Superior  Court,  when  110  appeal  has 
been  taken  therefrom  within  ten  days,  such  certificate  or 
commission,  if  any  have  been  issued,  shall  be  thereby  ren- 
dered void  (Sec.  443,  Code.) 


Wit  nesses 
may  be  sum- 
moned a n d 
compelled  to 
attend. 


Hear  i n g of 
election  con- 
test. 


Other  person 
than  one  re- 
turned may 
be  declared 
elected. 

Costs,  how  to 
be  awarded 
where  el  e c- 
tion  is  con- 
firmed. 

Costs,  how  to 
be  award  e d 
where  el  e c- 
tion  is  annul- 
led. 

Appeal  may 
be  taken  to 
S u p r e m e 
Court. 

Certificate  of 
election  b e- 
comes  void, 
when, 


9o 


GENERAL  LAWS. 


Punishment 
for  bribing  of 
voter. 


Violations  to 
be  submitted 
to  jury. 

Fees  of  elec- 
tion officers. 


Registration 
of  voters. 


If  any  candidate  for  office  in  any  election  as  herein- 
after mentioned,  under  the  laws  of  this  State,  or  any  other 
person,  shall  directly  or  indirectly,  offer,  promise,  procure, 
confer,  or  give  any  money,  property,  thing  in  action, 
victuals,  drink,  preferment,  or  other  consideration  or  valu- 
able thing,  by  way  of  fee,  reward,  gift,  or  gratuity,  for 
giving  or  refusing  to  give  any  vote  in  any  election  of  any 
public  officer,  State,  County  or  municipal,  whatever,  or  any 
person  who  shall  carry  voters  to  any  polling  place,  by 
wagon,  steamboat,  or  otherwise,  for  the  purpose  of  influenc- 
ing their  votes,  such  person  shall  be  deemed  and  taken  to 
be  guilty  of  a misdemeanor,  and  on  conviction  thereof  be 
punished  by  fine  or  imprisonment,  or  both,  at  the  discre- 
tion of  the  court,  said  fine  not  to  exceed  one  thousand  dol- 
lars, nor  such  imprisonment  to  exceed  six  months;  and 
further,  such  person  shall,  on  such  conviction,  and  as  part 
of  the  judgment  of  the  court,  be  deprived  of  the  right  of 
suffrage,  and  such  candidate  for  office  be  disqualified  to 
hold  any  office  to  which  he  was  elected  at  such  election; 
and  further,  if  any  person  shall  directly  or  indirectly  ask 
for,  accept,  receive,  or  take  any  such  bribe,  or  the  promise 
thereof,  by  giving  or  refusing  to  give  his  vote  in  any  such 
election,  he  shall  be  deemed  guilty  of  a misdemeanor,  and 
punished  with  the  like  penalties  as  hereinbefore  prescribed. 
iSec.  444,  Code). 

It  shall  be  the  duty  of  the  Prosecuting  Attorney  of  each 
County  to  present  all  violations  of  the  election  laws  which 
may  come  to  his  knowledge  to  the  special  consideration  of 
the  proper  jury.  (Sec.  445,  Code). 

The  fees  of  officers  of  election  shall  be  as  follows:  To 

the  inspectors,  judges  and  clerks  of  an  election,  four  dol- 
lars per  day;  the  person  carrying  the  returns  to  the  County 
Auditor  shall  be  entitled  to  such  mileage  as  the  sheriffs  are 
allowed.  All  expenses  of  registering  packages  shall  be 
paid  by  the  County.  (Sec.  446,  Code). 


I11  all  Cities  and  Towns,  and  all  voting  precincts  having 
a voting  population  of  two  hundred  and  fifty  or  more  who 
are  entitled  to  the  right  of  suffrage,  as  shown  by  the  num- 
ber of  votes  cast  at  the  preceding  general  election,  there 
shall  be  registration  of  voters,  prior  to  all  general  or  muni- 
cipal elections,  as  herein  provided.  (Sec.  447,  Code). 


GKNKRAL  LAWS 


91 


In  precincts  where  an  incorporated  City  or  Town  forms 
a part  of  a voting  precinct,  and  where  any  portion  of  a City 
or  Town -forms  a part  of  a precinct  extending  beyond  the 
corporate  limits,  there  shall  be  a registration  of  voters; 
provided,  the  Board  of  County  Commissioners  may  appoint 
the  Clerk  of  a City  or  Town  in  such  a precinct  the  officer  of 
registration  for  that  portion  of  such  a precinct  without  the 
City  or  Town,  but  the  voters  within  the  Cit3'  or  Town,  and 
those  without,  shall  be  registered  in  separate  poll  books  of 
registration.  (Sec.  448,  Code). 

The  voters  of  any  such  precinct  resident  within  the  cor- 
porate limits  of  an  incorporated  City  or  Town,  shall  be  reg- 
istered by  the  Clerk  of  said  Citv  or  Town,  and  those  voters 
resident  within  the  precinct,  but  without  the  corporate 
limits  of  a City  or  Town,  shall  be  registered  by  an  officer  of 
registration  to  be  appointed  by  the  Board  of  County  Com- 
missioners. (Sec.  449,  Code). 

The  time  and  manner  of  registration  under  this  act 
shall  be  the  same  as  that  prescribed  by  law.  (Sec.  450, 
Code. ) 

The  expense  of  registration  in  all  Cities  and  Towns 
shall  be  paid  by  such  Cities  or  Towns,  and  the  expense  of 
registration  in  precincts  outside  of  Cities  and  Towns  shall 
be  paid  by  the  County  in  which  such  precincts  are  situated. 
(Sec.  451,  Code). 

It  shall  be  the  duty  of  the  Mayor  or  chief  executive  offi- 
cer of  each  City  or  Town,  immediately  upon  the  taking  effect 
of  this  act,  to  procure  and  open  for  the  registration  of  vot- 
ers a poll  book  for  each  ward  or  voting  precinct  of  such 
City  or  Town,  and  on  the  first  Mondav  of  January  of  each 
year  to  procure  and  open  a like  book  of  registration  for  each 
of  said  wards  and  voting  precincts;  and  for  all  precincts 
having  a voting  population  of  two  hundred  and  fifty  or 
more,  outside  of  any  City  or  Town  the  Board  of  County 
Commissioners  for  the  County  in  which  any  such  precinct 
exists  shall,  in  like  manner,  procure  and  open  a poll  book 
for  the  registration  of  voters  in  such  precinct  or  precincts, 
and  shall  designate  a legal  voter  in  each  of  such  precincts, 
who  shall  be  the  officer  of  registration  in  such  precinct, 
whose  duties  shall  be  the  same  as  those  devolving  upon 
the  Citv  or  Town  Clerk  under  the  provisions  of  this  a.ct ; 


Registrati  o n 
of  voters  in 
p re  c i nets 
overlapp  i 11  g 
corporate 
1)  on  nd  a r y 
lines. 


Vote  r s of 
s 11  c li  p r e- 
c i 11  c t s,  by 
whom  to  be 
registered. 


T i m e and 
mann e r of 
registration. 

Expen s e of 
registrati  o 11 . 
I10 w to  b e 
paid. 


Mayor  to 
open  boo  k s 
of  regis  tra- 
tion. 


92 


GENERAL  LAWS. 


Poll  bo  o k s 
must  be  kept 
at  registra- 
tion office. 


Effect  of  re- 
gistration as 
evidence  o f 
right  to  vote. 


Offi  e e r of 
registrat  i o n 
must  publish 
notice 


Poll  books, 
when  closed. 


and  the  Board  of  County  Commissioners  shall  fix  the  com- 
pensation of  such  officer  of  registration,  which  shall  be  paid 
the  same  as  other  election  expenses.  (Sec.  452,  Code). 

Such  poll  books  shall  at  all  times  be  kept  at  the  office 
of  such  City  or  Town  Clerk  or  officer  of  registration  of  such 
City,  Town  or  Precinct;  and  the  City  or  Town  Clerk  and  the 
person  designated  by  the  Board  of  County  Commissioners 
as  herein  provided  shall  be  the  officer  of  registration  of  such 
City,  Town  or  Precinct,  and  it  shall  be  his  duty  to  register 
all  citizens  of  said  City,  Town  or  voting  precinct  on  such 
poll  books  as  hereinafter  provided.  (Sec.  453,  Code). 

It  shall  be  the  duty  of  all  citizens  of  such  City,  Town 
or  voting  precinct  after  the  opening  of  the  books  as  herein 
provided,  to  apply  to  the  City  or  Town  Clerk,  or  officer  of 
registration,  and  be  registered  therein,  at  such  time  or  times 
as  said  books  shall  be  open  for  that  purpose,  as  provided  in 
this  act;  and  such  registration,  when  made  as  in'  this  chap- 
ter provided,  shall  entitle  such  citizens  to  vote  in  their  re- 
spective wards  and  precincts.  If  such  citizens  are  other- 
wise legally  qualified  voters  at  such  election,  and  have  so 
caused  themselves  to  be  registered,  such  registration  shall 
be  prima  facie  evidence  of  the  right  of  such  citizens  to  vote 
at  any  election  held  in  such  City,  Town  or  Precinct  subse- 
quent to  such  registration,  and  preceding  the  first  Monda}7 
of  January  next  thereafter.  (Sec.  454,  Code  ). 

It  shall  be  the  duty  of  the  City  or  Town  Clerk,  or  offi- 
cer of  registration,  upon  the  receipt  of  the  poll  books  in 
this  chapter  provided  for,  to  cause  to  be  published  a notice 
in  a newspaper  of  general  circulation  in  such  City,  Town  or 
Precinct,  for  ten  days,  notifying  the  citizens  of  said  City, 
Town  or  Precinct  that  they  can  register  at  his  office,  ac- 
cording to  the  provisions  of  this  act  ; and  a like  notice 
shall  be  published  each  year  within  twenty  days  after  the 
first  Monday  in  January  of  each  year.  (Sec.  455,  Code). 

The  poll  books  in  this  act  provided  for  shall  be  open  at 
all  times  during  the  year  for  the  registration  of  voters,  ex- 
cept that  they  shall  be  closed  in  all  general  and  County 
elections  for  the  purpose  of  organization  (20)  twenty  days 
preceding  any  election  to  be  held  in  such  City,  Town  or 
precinct.  The  City  or  Town  Clerk  or  officers  of  registration 
shall  give  notice  of  the  closing  of  such  books,  by  a notice 
published  at  least  ten  days  in  a newspaper  of  general  circu- 


general,  laws. 


93 


lation  in  such  City,  Town  or  precinct  and  by  posting  either 
written  or  printed  notices  in  three  of  the  most  public  places 
in  any  such  City,  Town  or  precinct  at  least  ten  days  pre- 
ceding the  day  of  such  closing,  and  such  notice  by  publica- 
tion shall  have  at  least  two  insertions  in  such  newspaper; 
in  all  special  City,  Town  or  precinct  elections  such  notices 
shall  be  given  by  the  posting  aforesaid  only,  at  least  five 
days  before  such  closing,  and  the  poll  books  shall  be  closed 
ten  days  preceding  all  such  special  or  local  elections.  (Sec. 
456,  as  amended  by  act  of  1893,  p.  72,  Session  Laws). 

The  poll  books  aforesaid  shall  be  so  arranged  as  to  ad- 
mit the  alphabetical  classification  of  the  names  of  the 
voters,  and  ruled  in  parallel  columns,  with  appropriate 
heads,,  as  follows:  Date  of  registration;  name;  age;  occu- 

pation; place  of  residence;  place  of  birth;  time  of  residence 
in  the  State,  County,  ward  and  precinct,  and  if  of  foreign 
birth,  name  and  place  of  court  and  date  of  declaration  of 
intention  to  become  a citizen  of  the  United  States,  or  date 
of  naturalization,  and  with  column  for  signature,  and  one 
for  remarks,  and  one  column  for  checking  the  name  of 
voter  at  the  time  of  voting.  If  the  voter  registering  is  of 
foreign  birth  he  shall  at  the  time  of  registering  exhibit  to 
the  registration  officer  a certificate  of  his  declaration  of  in- 
tention, or  naturalization,  or  if  such  certificate  be  lost,  then 
a certified  copy  of  the  same.  Under  head  of  place  of  resi- 
dence shall  be  noted  the  number  of  lot  and  block  or  num- 
ber and  street  where  the  applicant  resides,  or  some  other 
definite  description  sufficient  to  locate  the  residence,  and 
the  voter  so  registering  as  provided  in  this  section  shall 
sign  his  name  on  the  registry  opposite  the  entries  above  re- 
quired in  the  column  headed  “ signature,”  and  in  case  any 
voter  shall  not  be  capable  of  writing  his  name,  he  shall,  on 
the  left  hand  margin  of  said  column,  make  his  mark  by 
cross,  or  such  other  mark  as  is  usual  in  indicating  his  signa- 
ture, and  some  person  who  personally  knows  said  voter,  and 
is  personally  known  to  the  registering  officer,  and  who  is 
capable  of  writing  his  name,  shall  sign  in  said  column  im- 
mediately opposite  said  mark,  as  an  identifying  witness 
thereto.  (Sec.  457,  Code,  as  amended  by  act  of  1893,  p.  73, 
Session  Laws). 

No  person  shall  be  registered  unless  he  appears  in  per- 
• son  before  the  City  or  Town  Clerk,  or  officer  of  registra- 
tion, at  his  office  during  usual  office  hours,  and  apply  to  be 


Form  of  reg- 
istration. 


Voters  must 
register  in 
person. 


94 


GENERAL  LAWvS. 


No  one  can 
vote  unless 
registered. 


registered  and  give  his  name,  age,  occupation,  particular 
place  of  residence,  place  of  birth,  time  of  residence  in  the 
State,  County,  ward  or  precinct,  and  if  naturalized,  name 
of  court,  place  where  held  and  date  of  naturalization  pa- 
pers, and  make  and  subscribe  to  the  following  oath  or 
affirmation  : 

State  of  Washington,  ji 

County  of i'  ss 

I,  , do  solomnly  swear  (or  affirm)  that  I am  a 

male  person  over  twenty  years,  eleven  months  and  ten  days 
of  age;  that  I am  a native  born  or  naturalized  citizen  of  the 
United  States,  or  was  a legal  elector  of  the  Territory  of 
Washington  at  the  time  of  the  adoption  of  the  Constitution 
of  the  State  of  Washington;  that  I have  been  an  actual, 
permanent  resident  of  the  State  of  Washington  for  eleven 

months  and  ten  days  last  past,  of  the  County  of for 

seventy  days  last  past,  and  of  the precinct  ten  days 

last  past,  and  that  I have  not  lost  my  civil  rights  bv  reason 
of  being  convicted  of  an  infamous  crime. 


Subscribed  and  sworn  to  before  me  this day  of 


Said  affidavit  shall  be  bound  in  book  form  and  pre- 
served with  the  other  records  of  the  City,  Town  or  precinct. 
(Sec.  458,  Code,  as  amended  by  act  of  1893,  p.  73,  Session 
Laws'). 

No  person  shall  be  entitled  to  vote  at  any  election  in 
any  such  City,  Town  or  precinct  who  is  not  registered  ac- 
cording to  the  provisions  of  this  act.  The  registration  shall 
not  be  conclusive  evidence  of  the  right  of  any  registered 
person  to  vote,  but  said  person  may  be  challenged  and  re- 
quired to  establish  his  right  at  the  polls  in  the  manner  as 
may  be  required  by  law.  And  every  person  when  offering 
his  vote  shall,  if  challanged,  hand  his  registration  certificate 
to  one  of  the  judges  of  election,  who  shall  receive  and  file 
the  same,  and  at  the  close  of  said  election  deliver  said 
certificates  as  a part  of  the  election  returns  to  such  City, 
Town,  County  or  State  officer  as  by  law  provided.  (Sec. 
459,  Code). 

Sec.  460,  Code.  Repealed.  (See  p.  75,  Session  Laws, 
1893), 


GENERAL  TAWS. 


95 


The  City  or  Town  Clerk,  or  officer  of  registration,  is 
hereby  empowered  to  administer  all  necessary  oaths  in  ex- 
amining an  applicant  for  registration,  or  any  witness  he 
may  offer  in  his  behalf,  in  order  to  ascertain  his  right  to  be 
registered  under  the  provisions  of  this  act;  and  the  said 
Clerk  or  registration  officer  shall  closely  examine  any  appli- 
cant for  registration,  whose  right  to  registration  he  may 
doubt,  or  who  may  be  challenged,  and  shall  explain  to  him 
the  necessary  qualifications  of  a voter,  and  if  the  applicant 
for  registration  be  entitled  to  vote  at  the  next  election  he 
shall  be  registered,  otherwise  he  shall  not.  (Sec.  461,  as 
amended  by  act  of  1893,  p.  74,  Session  Laws*. 

If  a citizen  of  any  City,  Town  or  voting  precinct,  shall, 
during  the  year  for  which  he  has  been  registered,  change 
his  residence  from  one  ward  or  voting  precinct  in  said  City 
or  Town  to  another  ward  or  voting  precinct  in  said  City  or 
Town,  or  from  any  precinct  outside  a City  or  Town  in  which 
registration  is  required  to  another  voting  precinct,  in  the 
same  County,  in  which  such  registration  is  required  under 
the  provisions  of  this  act,  he  shall  apply  to  the  City  or 
Town  Clerk,  or  officer  of  registration,  to  have  said  removal 
noted  on  said  poll  books  when  the  same  are  open.  The 
Clerk,  or  officer  of  registration,  shall  register  said  person 
in  the  ward  or  voting  precinct  to  which  he  has  removed, 
and  run  a red  ink  line  across  his  name  in  the  ward  or  pre- 
cinct book  of  his  former  residence,  and  likewise  note  the 
transfer  in  the  column  “remarks,”  in  said  poll  book,  and 
also  indorse  on  the  certificate  of  registration  of  said  person 
the  facts  of  said  removal.  (Sec.  462,  Code). 

It  shall  be  the  duty  of  the  Clerk,  or  officer  of  registra- 
tion, immediately  upon  the  close  of  the  poll  books  preced- 
ing any  election  to  be  held  in  said  City,  Town  or  voting 
precinct,  to  prepare  a true  and  correct  copy  of  said  poll 
books,  certified  to  by  him  to  be  such  copy,  and  in  time  for 
the  opening  of  polls  as  provided  by  law,  to  have  said  copies 
at  the  voting  precincts,  and  deliver  the  copy  for  such  ward 
or  precinct  to  one  of  the  judges  of  said  election,  and  take 
his  receipt  therefor.  (Sec.  463,  Code). 

At  every  election  one  of  the  judges  of  election  shall, as  each 
person  registered  votes,  enter  on  the  said  certified  copy,  in 
the  check  line  opposite  the  name  of  such  person,  the  word 
“voted,”  said  certified  copy  to  be  returned  to  the  City  or 
Town  Clerk  or  officer  of  registration,  after  said  election,  and 
by  him  preserved.  (Sec  464.  Code.) 


Registration 
officer  shall 
administer 
necessary 
oaths. 


Change  of  res- 
idence must 
be  noted  on 
poll  books. 


Registration 
ofifcer  must 
prepare  certi- 
fied copies  of 
poll  books 
for  voting 
precincts. 


Judge  must 
mark  names 
and  ret  u r n 
poll  list  after 
election. 


96 


GENERAL  LAWS 


Neglect  or 
refusal  of 
election  offi- 
cer to  p e r- 
form  duty; 
penalty. 


Punishme  11 1 
for  false  and 
fraud  u 1 e n t 
registration. 


Applicat  i o u 
of  registra- 
tion law. 


If  any  officer  shall  neglect  or  refuse  to  perform  any  dutv 
required  by  this  act,  or  in  the  manner  required  by  this  act, 
or  shall  neglect  or  refuse  to  enter  upon  the  performance  of 
any  such  duty,  or  shall  enter,  or  cause  or  permit  to  be  en- 
tered, on  the  registry  books  the  name  of  ally  person  in  any 
other  manner  or  at  any  other  time  than  as  prescribed  by 
this  act,  or  shall  enter,  or  cause  or  permit  to  be  entered,  on 
such  lists  the  name  of  any  person  not  entitled  to  be  regis- 
tered thereon  according  to  the  provisions  of  this  act.  or 
shall  destroy,  secrete,  mutilate,  alter  or  change  any  such  re- 
gistry books,  he  shall,  upon  conviction,  be  punished  by 
confinement  and  hard  labor  in  the  penitentiary  not  more  than 
five  nor  less  than  one  year,  and  shall  forfeit  any  office  he 
may  then  hold.  (Sec.  465,  Code.) 

If  any  person  shall  falsely  swear, or  affirm,  in  taking  the 
oath  or  making  the  affirmation  prescribed  in  sections,  (Sec. 
458,  Code)  hereof,  or  shall  falsely  personate  another,  and 
procure  the  person  so  personated  to  be  registerecl,  or  if  any 
person  shall  represent  his  name  to  the  City  or  Town  Clerk, 
or  officer  of  registration,  to  be  different  from  what  it  actu- 
ally is,  and  cause  such  name  to  be  registerecl,  or  if  any  per- 
son shall  cause  any  name  to  be  placed  upon  the  registry 
list  otherwise  than  in  the  manner  provided  in  this  act,  he 
shall  be  deemed  guilty  of  a felony,  and. upon  conviction  be 
punished  by  confinement  and  hard  labor  in  the  penitentiarv 
not  more  than  five  years  nor  less  than  one  year.  (Sec.  466, 
Code,  as  amended  by  act  of  1893,  page  74,  Session  Laws.) 

The  provisions  of  this  act  shall  apply  to  all  elections  for 
National,  State,  Congressional,  District,  County  or  Muni- 
cipal officers  and  all  general  or  special  elections  held  within 
any  such  Cities,  Towns  or  Precincts,  except  road  elections 
and  the  wards  or  voting  precincts  established  by  the  au- 
thorities of  any  County,  City  or  Town,  shall  be  the  same 
for  all  County,  District,  State.  Congressional,  National  or 
other  elections  (Code  467,  as  amended  by  laws  of  1895,  p. 
340  ) 


GENERAL  LAWS. 


97 


REVENUE  LAWS  APPLICABLE  10  CITIES, 


Section  i.  That  all  real- and  personal  property  now- 
existing,  or  that  shall  be  hereafter  created  or  brought  into 
this  State,  shall  be  subject  to  assessment  and  taxation  for 
the  support  of  the  State  government,  and  for  Count}  , school, 
municipal,  or  such  other  purposes  as  shall  be  designated 
by  law7,  upon  equalized  valuations  thereof,  nxed  with  refer- 
ence thereto  on  the  first  day  of  April  at  12  o’clock,  meri- 
dian, in  each  and  every  year  in  which  the  same  shall  be 
listed,  except  such  property  as  shall  be  expressly  exempted 
therefrom  by  the  provisions  of  law.  (March  15,  1893,  Sec. 
1.  In  effect  immediately.) 

SEC.  2.  Real  property  for  the  purposes  of  taxation 
shall  be  construed  to  include  the  land  itself,  whether  laid 
out  in  town  lots  or  otherwise,  and  all  buildings,  structures 
and  improvements,  or  other  fixtures  of  whatsoever  kind 
thereon,  and  all  rights  and  privileges  thereto  belonging,  or 
in  any  w-ise  appertaining,  and  all  quarries  and  fossils  in  and 
under  the  same,  which  the  law-  defines,  or  the  courts  may 
interpret,  declare  and  hold  to  be  real  property  under  the 
letter,  spirit,  intent  and  meaning  of  the  law,  for  the  pur- 
poses of  taxation.  (March  15,  1893,  Sec.  2.  In  effect  im- 
mediately. ) 

SEC.  3.  Personal  property  for  the  purposes  of  taxation 
shall  be  construed  to  embrace  and  include,  without  speci- 
ally defining  or  enumerating  it,  all  goods,  chattels, moneys, 
stocks  or  estate;  all  improvements  upon  lands,  the  fee  of 
which  is  still  vested  in  the  United  States,  or  in  the  State  of 
Washington,  or  in  any  railroad  company  or  corporation, 
and  all  and  singular  of  whatsoever  kind,  name,  nature  and 

1 See  Chap.  XI  of  Charter  (ante  p.  24). 

2 this  embraces  every  species  of  title  whether  inchoate  or  com- 
plete. Puget  Sound  A.  Co.  v.  Pierce  Co.,  1 Wash.  Ter.  159. 


All  property 
subject  to  as- 
sessment and 
taxation  un- 
less express-. 
Iv  exempted. 


Real  proper- 
ty defined. 


P erso  11  a 1 
property  de- 
fined. 


GENERAL  LAWS. 


98 


description,  which  the  law  may  define  or  the  courts  inter- 
pret, declare  and  hold  to  be  personal  property,  for  the  pur- 
pose of  taxation,  and  as  being  subject  to  the  laws,  and 
under  the  jurisdiction  of  the  courts  of  this  State,  whether 
the  same  be  in  any  marine  craft,  as  ships  and  vessels,  or  in 
other  property  holden  under  the  laws  and  jurisdiction  of 
the  courts  of  this  State,  be  the  same  at  home  or  abroad  ; 
all  credits,  including  accounts,  notes,  bonds,  certificates  of 
deposit,  judgments,  choses  in  action  and  all  other  debts  of 
whatsoever  kind  or  nature,  due  or  to  become  due  (whether 
secured  or  not  by  mortgage  or  otherwise);  provided,  how- 
ever, that  in  making  up  the  amount  of  money  or  credits 
other  than  bank  stock,  which  any  person  is  required  to  list 
or  have  listed  or  assessed,  he  will  be  entitled  to  deduct 
from  the  gross  amount  thereof  all  debts  in  good  faith  owing 
by  him,  but  no  acknowledgment  not  founded  on  actual  con- 
sideration, and  no  such  acknowledgment  made  for  the  pur- 
pose of  being  so  deducted  shall  be  considered  a clebt  within 
the  intent  of  this  section,  and  so  much  only  of  any  liability 
of  such  person  as  security  for  another  shall  be  deducted,  as 
the  person  making  the  list  believes  he  is  equitably  or  legally 
bound  to  pay,  and  so  much  onlv  as  he  believes  he  will  be 
compelled  to  pa}’  on  account  of  the  inability  of  the  prin- 
cipal debtor,  and  if  there  are  other  sureties  able  to  contri- 
bute, then  so  much  only  as  he  in  whose  name  the  list  is 
made  will  be  found  to  contribute  ; but  no  person  will  be  en- 
titled to  any  deduction  on  account  of  any  obligation  of  any 
kind  given  to  any  insurance  company  for  the  premiums  of 
insurance,  nor  on  account  of  any  unpaid  subscription  to  any 
institution,  society,  corporation  or  company;  and  no  person 
shall  be  entitled  to  any  deduction  on  account  of  any  indebt- 
edness contracted  for  the  purchase  of  United  States  bonds 
or  other  non-taxable  property;  provided,  that  credits  shall 
be  assessed  at  their  true  and  actual  value;  and  provided 
further,  that  mortgages  and  all  credits  for  the  purchase  of 
real  estate  shall  not  be  considered  as  property  for  the  pur- 
poses of  this  act.  (March  23,  1895,  Sec.  i.  I11  effect  imme- 
diately.) 

Definition  of  Skc.  4.  The  term  “money”  or  “moneys,”  wherever 

terms.  used  in  this  act,  shall  be  held  to  mean  gold  and  silver  coin, 

gold  and  silver  certificates,  treasury  notes,  bank  notes  and 
every  deposit  which  any  person  owning  the  same  or  hold- 
ing in  trust,  and  residing  in  this  State,  is  entitled  to  with- 
draw in  money  on  demand.  The  term  “tract”  or  “lot,” 


GENERAL  LAWS. 


99 


and  “piece  or  parcel  of  real  property,”  and  “piece  or  par- 
cel of  lands,”  wherever  used  in  this  act,  shall  each  be  held 
to  mean  any  contiguous  quantity  of  land  in  the  possession 
of,  owned  by,  or  recorded  as,  the  property  of  the  same 
claimant,  person  or  company.  Every  word  importing  the 
singular  number  only  may  be  extended  to  or  embrace  the 
plural  number,  and  every  word  importing  the  plural  num- 
may  be  applied  and  limited  to  the  singular  number,  and 
every  word  importing  the  masculine  gender  only  may  be 
extended  and  applied  to  females  as  well  as  males.  When- 
ever the  word  “oath”  is  used  in  this  act  it  may  be  held  to 
mean  affirmation-,  and  the  word  “swear”  in  this  act  may  be 
held  to  mean  affirm.  The  term  “person,”  whenever  used 
in  this  act,  shall  be  construed  to  include  firm,  company  or 
corporation.  The  words  “County  Auditor,”  when  used  in 
this  act,  shall  be  construed  to  mean  register  or  recorder, 
whenever  it  shall  be  necessary  to  use  the  same  for  the  pro- 
per construction  of  this  act.  (March  15,  1893,  Sec.  4.  In 
effect  immediately.) 

Sec.  5.  All  property  described  in  this  section,  to  the  Special  ex- 
extent  herein  limited,  shall  be  exempt  from  taxation,  emption  from 
that  is  to  say — First:  All  public  school  houses,  State  col-  taxation, 

leges,  State  university  and  State  normal  schools,  with  the 
books  and  furniture  therein,  and  the  grounds  attached  to 
such  buildings  necessary  for  their  proper  occupancy.  Sec- 
ond: All  lands  used  exclusively  for  public  burying  grounds 

or  cemeteries,  all  churches  built  and  supported  by  donations, 
whose  seats  are  free  to  all,  and  the  grounds  whereon  such 
churches  are  built,  not  exceeding  one  hundred  and  twenty 
feet  by  two  hundred  feet  in  quantity;  provided,  that  such 
grounds  are  used  wholly  for  church  purposes.  Third:  All 

property,  whether  real  or  personal,  belonging  exclusively 
to  any  County,  municipal  corporation,  the  State  or  to  the 
United  States.  Fourth:  All  buildings  belonging  to  Coun- 

ties used  for  holding  courts,  for  jails,  for  Count}’  offices  or 
County  hospitals,  with  the  ground  on  which  such  buildings 
are  erected.  Fifth:  All  lands,  houses  or  other  buildings 

or  property  belonging  to  any  County,  township,  City  or 
Town,  used  exclusively  for  the  accommodation  or  support 
of  the  poor.  Sixth:  All  fire  engines  and  other  implements 

used  for  the  extinguishment  of  fires,  with  the  buildings 
used  exclusively  for  the  safe  keeping  thereof,  and  for  the 
meeting  of  fire  companies,  whether  belonging  to  any  Town 
or  any  fire  company  organized  therein.  Seventh:  All  free 


loo 


GENERAL  LAWvS. 


public  libraries,  orphanages,  orphan  asylums,  institutions 
for  the  reformation  of  fallen  women,  homes  for  the  aged 
and  infirm,  and  hospitals  for  the  care  of  the  sick,  when  such 
institutions  above  mentioned  are  supported  in  whole  by 
public  appropriations  or  by  private  charity,  or  are  supported 
in  part  by  charity,  and  all  of  the  income  and  profits  of  such 
institutions  are  devoted  to  charitable  purposes,  after  paying 
the  expenses  thereof;  and  the  grounds  wherever  such  libra- 
ries, orphanages,  institutions,  homes  and  hospitals  are  built, 
when  used  exclusively  for  the  purposes  in  this  subdivision 
enumerated.  That  in  order  to  determine  whether  such 
libraries,  orphanages,  institutions,  homes  and  hospitals  are 
exempt  from  taxes  within  the  true  intent  of  this  act,  the 
State  board  of  health,  the  County  and  City  authorities  of 
the  Countv  and  City  wherein  such  institutions  are  respec- 
tively situated  may  have  access  to  the  books  of  said  institu- 
tions, and  the  institution  claiming  exemption  shall  provide 
by  its  articles  of  incorporation  that  the  Mayor  of  the  City 
and  the  chairman  of  the  board  of  County  Commissioners 
wherein  such  institution  is  located  shall  be  ex  officio  trustees 
thereof.  And  the  superintendent  or  manager  of  the  library, 
orphanage,  institution,  home  or  hospital  claiming  exemp- 
tion from  taxation  under  this  act  shall  make  oath  before 
the  assessor  that  all  of  the  income  and  receipts  thereof,  in- 
cluding donations  to  it,  have  been  applied  to  the  actual  ex- 
penses of  maintaining  it  and  to  charitable  purposes.  He 
shall  also,  under  oath,  make  an  annual  report  to  the  State 
board  of  health  of  its  receipts  and  disbursements,  specify- 
ing in  detail  the  sources  from  which  the  receipts  have  been 
derived  and  the  objects  to  which  disbursements  have  been 
applied,  and  shall  further  furnish  the  said  report  full  and 
complete  vital  statistics  for  the  use  and  information  of  the 
State  board  of  health,  who  may  publish  the  same  in  its  an- 
nual report.  Eighth:  The  personal  property  of  each  house- 
holder and  head  of  a family  liable  to  assessment  and  taxa- 
tion under  the  provisions  of  this  act,  of  which  such  in- 
dividual is  the  actual  and  bona  fide  owner,  to  an  amount 
not  exceeding  three  hundred  dollars;  provided,  that  each 
person  shall  list  all  of  his  personal  property  for  taxation 
and  the  County  Assessor  shall  deduct  the  amount  of  the  ex- 
emption authorized  by  this  section  from  the  total  amount 
of  this  assessment  and  assess  thb  remainder.  (March  23, 
1895,  Sec.  2.  In  effect  immediately;. 


GENERAL,  LAWS. 


IO 


Sec.  6.  All  real  property  in  this  State  subject  to  taxa-  All  personal 
tion  shall  be  listed  and  assessed  biennially  on  every  odd  property  list- 
numbered  year  with  reference  to  its  value  on  the  first  day  ed  annually; 
of  April  preceding  the  assessment.  All  personal  property  real  property 
in  this  State,  subject  to  taxation,  shall  be  listed  and  assessed  listed  bienni- 
every  year,  with  reference  to  its  value  on  the  first  day  of  ally. 

April  preceding  the  assessment;  provided,  that  fruit  trees, 
except  nursery  stock,  shall  not  be  assessed  before  four  years 
after  being  transplanted  from  the  nursery  into  orchard. 

No  male  animal  kept  solely  for  breeding  purposes  shall  be 
assessed  for  more  than  three  hundred  dollars  ; provided 
further,  that  real  estate  becoming  subject  to  taxation  since 
the  last  assessment,  and  improvements  upon  real  estate 
made  since  the  last  assessment,  shall  be  assessed  and  in- 
cluded in  the  tax  roll  in  every  even  numbered  year ; and 
provided  further,  that  the  destruction  or  removal  of  im- 
provements since  the  last  preceding  assessment  shall  be 
duly  noted  by  the  County  Assessor,  and  the  assessment  and 
tax  rolls  herein  provided  made  to  conform  to  such  changes; 
provided  further,  that  all  real  estate  subject  to  taxation  shall 
be  listed  by  the  Assessor  each  year  in  the  assessment  roll, 
and  in  each  even  numbered  year  the  valuation  of  each  tract 
for  taxation  shall  be  the  same  as  the  valuation  thereof  as 
equalized  by  the  County  board  of  equalization  in  the  pre- 
ceding year.  (March  23,  1895,  Sec.  3.  In  effect  immedi- 
ately). 

SEC.  7 The  owner  of  personal  property  removing  from  change  of 
one  County  to  another  between  the  first  day  of  April  and  residence; as- 
ttie  first  day  of  July  shall  be  assessed  in  either  in  which  he  sessment, 
is  first  called  upon  by  the  Assessor.  The  owner  of  personal  how  and 
property  moving  into  this  State  from  another  State  between  when  made, 
the  first  day  of  April  and  the  first  day  of  July  shall  list  the 
property  owned  by  him  on  the  first  day  of  April  of  such 
year  in  the  County  in  which  he  resides;  provided,  if  such 
person  has  been  assessed,  and  can  make  it  appear  to  the 
Assessor  that  he  is  held  for  tax  for  the  current  year  on  the 
property  in  another  State  or  County,  he  shall  not  be  again 
assessed  for  such  year.  (March  15,  1893.  Sec.  7.  In  effect 
immediately). 

Sec.  8.  Personal  property  shall  be  listed  in  the  manner  Manner  of 
following:  First:  Every  person  of  full  age  and  sound  listing  pet- 

mind,  being  a resident  of  this  State,  shall  list  all  his  moneys,  sonal  prop- 
notes.  accounts  and  other  credits,  bonds  or  stock,  shares  of  erty  and  l>y 
stock  of  joint  stock  or  other  companies  (when  the  property  whom  listed. 


102 


GENERAL  LAWS. 


Place  where 
listed. 


Same  ; taxes 
paid  where 
assesssed. 


of  such  company  is  not  assessed  in  the  State,)  franchises, 
royalties  and  other  personal  property  Second:  He  shall 

also  list  separately,  and  in  the  name  of  his  principal,  all 
moneys  deposited  subject  to  his  order.  Third:  The  prop- 

erty of  a minor  child  shall  be  listed  by  his  guardian  or  by 
the  person  having  such  property  in  charge.  Fourth:  The 

property  of  an  idiot  or  luuatic  by  the  person  having  charge 
of  such  property.  Fifth:  The  property  of  a person  for 

whose  benefit  it  is  held  in  trust  by  the  trustee  of  the  estate 
of  the  deceased  person,  or  by  the  executor  or  administrator . 
Sixth:  The  property  of  corporations  whose  assets  are  in 

the  hands  of  receivers,  by  such  receivers  or  their  agents. 
Seventh:  The  property  of  a body  politic  or  corporate,  by 

the  president  or  proper  agent  or  officer  thereof  Eighth: 
the  property  of  a firm  or  company,  by  a partner  or  agent 
thereof.  Ninth:  Money  and  property  in  litigation,  in 

possession  of  any  County  officer,  must  be  assessed  to  the 
custodian  thereof,  and  the  taxes  thereupon  paid  by  the  cus- 
todian thereof  under  the  direction  of  the  court.  (March 
J5,  1893,  Sec.  8.  In  effect  immediately). 

Sec.  9 Personal  property,  except  such  as  is  required 
in  this  act  to  be  listed  and  assessed  otherwise,  shall  be  listed 
and  assessed  in  the  County  where  the  owner  or  agent  resides. 
If  there  be  no  principal  office  or  place  of  business  in  this 
State,  then  at  the  place  in  this  State  where  any  such  corpora- 
tion or  person  transacts  business.  The  personal  propertv 
pertaining  to  the  business  of  a merchant  or  of  a manufac- 
turer shall  be  listed  in  the  Town  or  place  where  his  busi- 
ness is  carried  on.  (March  15,  1893,  Sec.  9.  In  effect  im- 
mediately). 

Sf:c.  10.  The  personal  property  of  express,  transpor- 
tation and  stage  companies  shall  be  listed  and  assessed  in 
the  County  where  the  same  is  usually  kept.  All  vessels  of 
every  class  which  are  by  law  required  to  be  registered, 
licensed  or  enrolled,  must  be  assessed  and  the  taxes  thereon 
paid  only  in  the  County  where  the  owner  or  managing 
owner  or  agent  thereof  resides;  provided,  that  such  interest 
shall  be  taxed  but  once.  Vessels  registered,  licensed  or  en- 
rolled out  of,  and  plying  in  whole  or  in  part  in  the  waters 
of  this  State,  the  owners,  managing  owners  or  agents  of 
which  reside  in  this  State,  must  be  assessed  in  this  State, 
and  in  the  County  in  which  the  owners,  managing  owners 
or  agents  reside,  to  the  value  of  the  respective  share  or 
shares  owned  by  said  person  or  persons.  All  boats  and 


GENERAL  LAWS 


103 


small  craft  not  required  to  be  registered  must  be  assessed 
in  the  County  where  the  same  are  kept.  (March  15,  1893, 
Sec.  10.  In  effect  immediately.) 

SEC.  11.  The  personal  property  of  gas  and  water  com- 
panies shall  be  listed  and  assessed  in  the  Town  or  City 
where  the  same  is  located.  Gas  and  water  mains  and  pipes 
laid  in  roads,  streets  or  alleys,  shall  be  held  to  be  per- 
sonal property.  (March  15,  1893,  Sec.  11.  In  effect  im- 
mediately.) 

SEC.  12.  The  personal  property  of  street  railroad, 
plank  road,  gravel  road,  turnpike  or  bridge  companies, 
shall  be  listed  and  assessed  in  the  County,  Town  or  City 
where  the  same  is'located, and  the  track,  road  or  bridge  shall 
be  held  to  be  personal  property.  (March  15,  1893,  Sec.  12. 
In  effect  immediately.) 

Sec.  13.  When  the  owner  of  live  stock  or  other  per- 
sonal property  connected  with  a farm  does  not  reside  there- 
on, the  property  shall  be  listed  and  assessed  in  the  County 
or  place  where  the  farm  is  situated.  (March  15,  1893,  Sec. 
13.  In  effect  immediately.) 

Sec.  14.  In  all  questions  that  may  arise  under  this  act 
as  to  the  proper  place  to  list  personal  property,  or  where 
the  same  cannot  be  listed  as  stated  in  this  act,  if  between 
several  places  in  the  same  Count}',  the  place  for  listing  and 
assessing  shall  be  determined  and  fixed  by  the  County 
board;  and  when  between  different  Counties,  or  places  in 
different  Counties,  by  the  Auditor  of  State;  and  when  fixed 
in  either  case,  shall  be  as  binding  as  if  fixed  by  this  act. 
(March  15,  1893,  Sec.  r4-  4n  effect  immediately.) 

SEC.  15.  Every  person  required  by  this  act  to  list 
property  shall  make  out  and  deliver  to  the  Assessor,  when 
required,  a statement,  verified  by  his  oath,  of  all  the  per- 
sonal propert}  in  his  possession  or  under  his  control  and 
which  by  the  provisions  of  this  act  he  is  required  to  list  for 
taxation,  either  as  owner  or  holder  thereof,  or  as  guardian, 
parent,  husband,  trustee,  executor,  administrator,  receiver, 
accounting  officer,  partner,  agent  or  factor ; no  person 
.shall  be  required  to  list  for  taxation  in  his  statement  to 
the  Assessor  any  share  or  portion  of  the  capital  stock,  or  of 
any  of  the  property  of  any  company  or  corporation,  which 
such  person  may  hold  in  whole  or  in  part,  where  such  com- 
pany, being  required  so  to  do,  has  listed  for  assessment 
and  taxation  its  capital  stock  and  property  with  the 


Same  ; gas 
and  water 
mains  defin- 
ed. 


Street  rail- 
road, etc. 
defined. 


Property  o f 
non-resident, 
where  listed. 


Doubt  as  to 
listing,  how 
settled. 


Owners  or 
agents  to 
verify  state- 
ment of  list- 
ed property. 


ru4 


GENERAL  LAWS, 


•forms,  etc. 


Auditor  of  State,  or  as  otherwise  required  under  the 
laws  of  this  State.  (March  15,  1893,  Sec.  15.  In  effect 
immediately.) 

State  Audi-  Skc  i 6.  The  Auditor  of  State  shall  prepare  and  furn- 
tor  to  prepare  ish  County  Auditors  with  suitable  blank  forms  of  detail  lists 
or  schedules,  to  be  used  by  the  Assessors  for  the  listing  of 
property,  and  upon  which  shall  be  entered  by  the  Assessor, 
or  by  the  owner  or  holder,  the  agent  or  attorney,  the  part- 
ner, trustee,  assignee,  receiver,  guardian,  executor  or  ad- 
ministrator, or  by  the  president,  secretary  or  principal  ac- 
counting officer  of  any  company  or  corporation,  a full, 
true  and  accurate  statement  or  listing  of  all  property,  real, 
and  personal,  as  being  owned,  held  or  controlled  as  afore- 
said, and  as  in  such  detail  list  directed,  with  any  and  all 
other  property  that  may  not  be  specified  therein,  if  any 
such  there  be,  that  may  be  liable  to  assessment  and  taxa- 
tion, and  including  all  property  that  may  or  shall  be  de- 
ducted therefrom  under  exemptions.  Such  listing  shall 
be  verified  under  the  oath  of  the  owner  or  holder  of  any 
such  listed  property,  or  by  the  duly  authorized  agent 
making  the  same,  and  the  true  and  fair  value  of  such  prop- 
erty having  been  determined  and  fixed  by  the  Assessor, 
such  valuation  shall  be  entered  opposite  each  and  every 
item  as  therein  listed  and  verified.  Such  detail  list  shall 
show  the  following  schedule  of  property,  made  in  accord- 
ance with  the  Auditor’s  form  marked  No.  r,  which  is  made 
a part  and  parcel  hereof,  but  to  which,  however,  may  and 
shall  be  added  by  the  Auditor,  Assessor  or  his  deputy,  any 
and  all  other  taxable  property  that  may  at  any  time  be 
hereafter  created  or  discovered,  not  at  present  appearing 
therein,  so  that  no  property  shall  escape  assessment  and 
taxation.  Said  detail  list  shall  be  substantially  in  the  fol- 
lowing form  : 


DETAIL,  1, 1ST  OF  PERSONAE  PROPERTY. 


De-tail  list  to 
©o-nta’ti  what. 


A schedule  of  the  numbers  and  amounts  of  all  personal 
property  in  the  possession  or  under  control  of , be- 
longing to , on  the  first  day  of  April,  189—,  listed 

by , of  the  Town  of , County  of , 

and  State  of  Washington,  as  required  by  the  general  reve- 
nue laws  now  in  force  in  this  State,  Residence  No.  

street ; school  district  No.  ; road  district  No.  . 

(If  residing  111  Town  or  City,  give  name  and  number  of 
street. ) 


GENERAL  LAWS. 


105 


Item.' t of  propert)./. 


2.  Cattle: 


?!  4 

! a’  'i 


f One  year  old.  

| Two  year  old. 

| Three  years  old  and  over 

I Work  horses. 

i Stallions. 

f One  year  old 

| Two  years  old 

j Cows". 

( All  other  cattle  two  years  old  and  over. 

Mules  and  asses  of  all  ages 

Sheep  of  all  ages 

Hogs  of  all  ages 

Wagons  and  carriages  of  whatever  kind 

Sewing  and  knitting  machines. 

Watches  and  clocks 

Melodeons  and  organs 

Pianofortes 

Household  and  office  furniture,  full  value  

Agricultural  tools,  implements,  machinery 

Gold  and  silver  plate  and  plated  ware.  

Diamonds  and  jewrelry  and  fire  arms 

Royalties  and  patent  rights 

Steamboats,  sailing  vessels,  wharf  boats,  barges,  etc 

Goods  and  merchandise,  lumber,  saw-logs,  wood,  coal, 

wool,  hides,  etc. 

Manufacturers’  materials  and  manufactured  articles 

Manufacturers’  tools,  implements  and  machinery,  in- 
cluding engines  and  boilers . 

Moneys  of  banks  (whose  capital  is  not  represented  by 

shares  of  stock.)  bankers,  brokers  or  stock  jobbers.... 

Credits  of  banks  whose  capital  is  not  represented  by 

shares  of  stock,)  bankers,  brokers  or  stock  jobbers..! 

Moneys  other  than  of  banks,  bankers,  brokers  or  stock 

jobbers,  gold  dust  or  bullion  on  hand  or  deposit 

Bonds  and  stocks  (other  than  bank  stock) 

Shares  of  gas,  wharf  or  water  stock 

Notes,  accounts,  warrants  and  other  credits 

Shares  of  capital  stock  of  insurance  or  other  companies 
and  associations  not  incorporated  by  the  laws  of  this  state.. 
Stock  and  furniture  of  sample  rooms,  saloons  and  eating 

houses,  including  billiard,  bagatelle  and  similar  tables 

Hay,  wheat,  oats,  corn,  barley  or  other  farm  products 

The  value  of  all  elevators,  warehouses  and  improvements 
on  lands,  the  title  to  which  is  vested  in  any  railroad 

company, 

The  value  ot  all  improvements  on  lands  held  under  the 

laws  of  the  United  States 

Shares  of  stock  of  insurance  or  other  companies  or  as- 
sociations incorporated  under  the  laws  of  this  state 

Gas  or  water  mains.  Total  number  feet  and  size 

Gas  or  water  pipe  other  than  mains.  Total  number  of 

feet  and  average  size 

Telegraph,  telephone  and  electric  light  lines,  as  per 
schedule  marked  “F,”  in  addition  to  their  personal 

property  above  listed 

Cable,  horse  and  electric  railways,  as  per  schedule 
marked  11  F,”  in  addition  to  their  personal  property 

above  listed 

The  value  of  all  other  articles  of  personal  property  not 

included  in  the  preceding  items ! 

Total  value  of  all  personal  property  listed  by  as- 
sessor under  section  16  of  revenue  law f 


Total  exemptions 

Total  value  of  all  personal  property  assessed  by  assessor 

under  section  16  of  revenue  law $ 


io6 


GENERAL  LAWS. 


Form  of  real 
property  de- 
tail list. 


Affidavit  of 
party  listing 
property. 


DETAIL,  FIST  OF  read  PROPERTY  OF , OF  COUNTY, 

WASHINGTON,  l8q — . 

Resident  road  district . Resident  school  district 

— . Character  or  designation  of  property.  Description 

of  lands  and  Town  property.  (In  describing  lands  state 
whether  they  are  farming,  grazing,  mineral  or  timber  lands; 
also,  if  City  or  Town  property,  give  the  name  of  the  Town 
and  plat,  or  addition,  and  give  accurate  description  of  all 
other  designated  real  estate  under  this  head.)  Town  or 
City  property.  No.  lot.  No.  block.  No.  of  section.  No 
of  township.  No.  of  range.  No.  of  acres  in  each  tract  or 
parcel  except  lots.  No.  of  acres  in  each  tract  or  parcel  im- 
proved. Property,  road  district.  Property,  school  district. 
Full  cash  value  of  each  tract,  parcel,  lot  or  block  ofland  as- 
sessed. Full  cash  value  of  improvements  on  each  tract,  lot 
or  parcel  ofland  assessed.  Full  cash  value  of  all  real  prop- 
erty assessed.  Road  poll.  Bridge. 

RECAPITULATION. 

Farm  lands,  unimproved  (acres), . Grazing  lands 

(acres), . Timber  lands  (acres'), . Minerallands 

(acres),  . Improved  lands  (acres), . Total  acre- 
age,   Aggregate  assessed  value  of  real  property, 

$ . Aggregate  assessed  value  of  personal  property, 

$ . Total  valuation  of  all  property  assessed,  $ . 

Total  road  poll  tax,  $ . 

AFFIDAVIT  OF  PERSON  LISTING  THE  WITHIN  PROPERTY. 

State  of  Washington,  \ 

County  of , j s‘‘ 

I, , do  solemnly  swear  that  I am  a resident 

of  the  County  of , that  the  within  and  foregoing  de- 

tail lists  contain  full  and  correct  statements  of  all  property 
subject  to  taxation  in  this  Count}'  which  I or  any  firm  of 
which  I am  a member,  or  any  corporation,  association  or 
company  of  which  I am  president,  cashier,  secretary  or 
managing  agent,  owned,  claimed,  possessed  or  controlled 
on  the  first  day  of  April,  189—,  at  12  o’clock  meridian,  and 
which  is  not  already  assessed  for  said  year,  and  that  I have 
not  in  any  manner  whatever  transferred  or  disposed  of  any 


GENERAL  LAWS 


107 


property  or  placed  any  property  out  of  said  County  or  my 
possession  for  the  purpose  of  avoiding  any  assessment  upon 
the  same,  or  of  making  this  statement. 

Residence, . 

Subscribed  and  sworn  to  before  me  this day  of 

. County  Assessor. 

SKC.  17.  When  the  Assessor  shall  be  of  opinion  that 
the  person  listing  property  for  himself  or  for  any  other  per- 
son, company  or  corporation,  has  not  made  a full,  fair  and 
complete  list  of  such  property,  he  may  examine  such  per- 
son under  oath  in  regard  to  the  amount  of  the  property  he 
is  required  to  list,  and  if  such  person  shall  refuse  to  answer 
under  oath,  and  a full  discovery  make,  the  Assessor  may 
list  the  property  of  such  person,  or  his  principal,  according 
to  his  best  judgment  and  information.  (March  15,  1895, 
Sec.  17.  In  effect  immediately.) 

SEC.  18.  Whoever  owns,  or  has  in  his  possession  01- 
subject  to  his  control,  any  goods,  merchandise,  grain  or 
produce  of  any  kind,  or  other  personal  property  within  this 
State,  with  authority  to  sell  the  same,  which  has  been  pur- 
chased either  in  or  out  of  this  State,  with  a view7  to  being 
sold  at  an  advanced  price  or  profit,  or  wThicli  has  been  con- 
signed to  him  from  any  place  out  of  this  State  for  the  pur- 
pose of  being  sold  at  any  place  within  the  State,  shall  be 
held  to  be  a merchant,  and  when  he  is  by  this  act  required 
to  make  out  and  deliver  to  the  Assessor  a statement  of  his 
other  personal  property,  he  shall  state  the  value  of  such 
property  pertaining  to  his  business  as  a merchant.  No  con- 
signee shall  be  required  to  list  for  taxation  the  value  of  any 
property  the  product  of  this  State,  nor  the  value  of  any 
property  consigned  to  him  from  any  other  place  for  the  sole 
purpose  of  being  stored  or  forwarded,  if  he  has  no  interest 
in  such  property  nor  any  profit  to  be  derived  from  its  sale. 
The  stock  of  nurserymen,  growing  or  otherwise,  shall  be 
listed  and  assessed  as  merchandise.  (March  15,  1893,  Sec 
18.  In  effect  immediately.) 

Sec.  19.  Every  person  who  purchases,  receives  or 
liolds  personal  property  of  any  description,  for  the  purpose 
of  adding  to  the  value  thereof  by  any  process  of  manufactur- 
ing, refining  rectifying,  or  by  the  combination  of  different 
materials,  with  a view  of  making  gain  or  profit  by  so  doing. 


Assessor  may 
examine 
party  under 
oath  as  to 
correct  ness 
of  list. 


Merchandise 
defined  and 
how  listed. 


Exceptions. 


Stock  of  nur- 
sery men, etc., 
to  be  listed. 

Manufact  u r- 
ers’  property, 
h o w assess- 
ed. 


108  GENERAL,  LAWS. 

shall  be  held  to  be  a manufacturer,  and  he  shall,  when  re- 
quired to  make  and  deliver  to  the  Assessor  a statement  of 
the  amount  of  his  other  personal  property  subject  to  taxa- 
tion. also  include  in  his  statement  the  value  of  all  articles 
purchased,  received  or  otherwise  held  for  the  purpose  of 
being  used,  in  whole  or  in  part,  in  any  process  or  operation 
stock  and  of  manufacturing,  combining,  rectifying  or  refining.  Every 
machinery  of  person  owning  a manufacturing  establishment  of  any  kind, 
to  be  listed.  and  every  manufacturer,  shall  list,  as  part  of  his  manufac- 
turer’s stock,  the  value  of  all  engines  and  machinerv  of 
every  description  used  or  designed  to  be  used  in  any  pro- 
cess of  refining  or  manufacturing,  except  such  fixtures  as 
have  been  considered  as  part  of  any  parcel  of  real  property, 
including  all  tools  and  implements  of  every  kind  used  or 
designed  to  be  used  for  the  aforesaid  purpose.  (March  15, 
t893>  Sec.  19.  In  effect  immediately). 


Officers  of 
companies 
and  associa- 
tions to  de- 
liver state- 
ments to  As- 
sessors. 


Skc.  20.  The  president,  secretary  or  principal  account- 
ing officer  or  agent  of  any  company  or  association,  whether 
incorporated  or  unincorporated,  except  as  otherwise  pro- 
vided for  in  this  act,  shall  make  out  and  deliver  to  the  As- 
sessor a sworn  statement  of  its  property,  setting  forth  par- 
ticularly First:  The  name  and  location  of  the  company 

or  association.  Second:  The  real  property  of  the  company 

or  association  and  where  situated.  Third:  The  nature  and 

value  of  its  personal  property.  The  real  and  personal  prop- 
erty of  such  company  or  association  shall  be  assessed  the 
same  as  other  real  and  personal  propertv.  I11  all  cases  of 
failure  or  refusal  of  any  person,  officer,  company  or  associ- 
ation to  make  such  return  or  statement,  it  shall  be  the  duty 
of  the  Assessor  to  make  such  return  of  statement  from  the 
best  information  he  can  obtain.  (March  15,  1893,  vSec.  20 
In  effect  immediately). 


Hanks,  etc.,  SEC.  2r.  All  the  shares  of  stock  in  banks,  whether  of 

where  asses-  issue  or  not.  existing  by  authority  of  the  United  States  or  of 
Sed  and  taxed,  the  State,  and  located  within  the  State,  shall  be  assessed  to 
the  owners  thereof  in  the  Cities  or  Towns  where  such  banks 
are  located,  and  not.  elsewhere,  in  the  assessment  of  all 
State,  County  and  municipal  taxes  imposed  and  levied  in 
such  place,  whether  such  owner  is  a resident  of  said  City  or 
Town  or  not;  all  such  shares  shall  be  assessed  at  their  full 
and  fair  value  in  money  on  the  first  day  of  April  in  each 
year,  first  deducting  therefrom  the  proportionate  part  of  the 
value  of  the  real  estate  belonging  to  the  bank,  at  the  same 


GENERAL  LAWS. 


109 


rate,  and  no  greater,  than  that  at  which  other  moneyed 
capital  in  the  hands  of  citizens  and  subject  to  taxation,  is 
by  law  assessed.  And  the  persons  or  corporations  who  ap- 
pear from  the  records  of  the  banks  to  be  owners  of  shares 
at  the  close  of  the  business  day  next  preceding  the  first  day 
of  April  in  each  year  shall  be  taken  and  deemed  to  be  the 
owners  thereof  for  the  purposes  of  this  section.  (March 
15,  1893,  Sec.  21.  In  effect  immediately). 

Sec.  22.  Every  such  bank  or  other  corporation  shall  Annual  pay- 
pay  to  the  collector,  or  other  person  authorized  to  collect  ment  of  tax. 
the  taxes  of  the  State,  County,  City  or  Town  in  which  the 
same  is  located,  at  the  time  in  each  year  when  other  taxes 
assessed  in  the  said  State,  County,  City  or  Town  become 
due,  the  amount  of  the  tax  so  assessed  in  each  year  upon 
the  shares  in  such  bank  or  other  corporation.  If  such  tax 
is  not  so  paid,  the  said  bank  or  other  corporation  shall  be 
liable  for  the  same.  (March  15,  1893,  Sec.  22.  In  effect 
immediately). 

SRC.  23.  The  shares  of  such  banks  or  other  corpora-  Eieti  on  shares 
tions  shall  be  subject  to  the  tax  paid  thereon  by  the  corpora-  for  unpaid 
tion  or  by  the  officers  thereof,  and  the  corporation  and  the  taxes, 
officers  thereof  shall  have  a lien  on  all  the  shares  in  such 
bank  or  other  corporation  and  on  all  the  rights  and  prop- 
erty of  the  shareholders  in  the  corporate  property  for  the 
payment  of  said  taxes;  which  lien  may  be  foreclosed  by  a 
similar  proceeding  as  under  chattel  mortgages.  1 March  15, 

1893,  Sec.  23.  In  effect  immediately). 

SEC.  24.  The  cashier  6f  every  such  bank  shall  make  To  furnish  list 
and  deliver  to  the  Assessor  of  the  County  in  which  such  to  Assessor, 
bank  is  located,  on  or  before  the  fifteenth  day  of  April  in 
each  year,  a statement  verified  by  the  oath  of  such  cashier 
showing  the  name  of  each  shareholder,  with  his  residence 
and  the  number  of  shares  belonging  to  him  at  the  close  of 
the  business  day  next  preceding  the  first  day  of  April,  as 
the  same  then  appeared  on  the  books  of  said  bank.  If  the 
cashier  fails  to  make  such  statement,  said  Assessor  shall 
forthwith,  upon  such  failure,  obtain  a list  of  shareholders, 
with  the  residence  of  and  number  of  shares  belonging  to 
each.  (March  15,  1893,  Sec.  24.  In  effect  immediately). 

SEC.  25.  Foreign  banks  and  private  bankers  doing  Foreign 
business  in  this  State  and  having  no  fixed  amount  of  capi-  banks,  how 
tal  paid  in  and  used  permanently  in  the  conduct  of  such  taxed. 


I TO 


GENERAL  RAWS. 


Arbitary  a s- 
s e s s m e n t, 
when. 


Property  un- 
der contract. 


Railroad  cor- 
porations t o 
return  sworn 
lists. 


When  sched- 
ules to  be 
made  ou t, 
what  to  con- 
tain, etc. 


Riglit-oF-wav. 


business,  shall  be  assessed  on  an  amount  equal  to  a general 
average  of  money  used  as  exhibited  by  daily  or  monthly 
balance  sheets  during  the  year  preceding  the  time  of  ren- 
dering such  tax  list  to  the  Assessor.  If  such  bank  or  banker 
shall  refuse  to  make  such  return  of  capital  as  above  provid- 
ed, then  the  Assessor  shall  proceed  to  make  an  arbitrary  as- 
sessment, which  shall  be  as  fair  and  as  equable  as  he  may 
be  able  to  make  from  the  best  information  he  possesses. 
(March  15,  1893,  Sec.  25.  In  effect  immediately.) 

Sec.  26.  Property  held  under  a contract  for  the  pur- 
chase thereof,  belonging  to  the  State,  County  or  munici- 
pality, and  school  and  other  State  lands,  shall  be  considered, 
for  all  purposes  of  taxation,  as  the  property  of  the  person, 
so  holding  the  same.  (March  15,  1S93,  Sec.  26.  In  effect 
immediately). 

Sec  28.  Every  person,  company  or  corporation  own- 
ing. operating  or  constructing  a railroad  in  this  'State  shall 
return  sworn  lists  or  schedules  of  the  taxable  property  of 
such  railroads  as  hereinafter  provided.  Such  property 
shall  be  listed  and  assessed  with  reference  to  the  amount, 
kind  and  value,  on  the  first  day  of  April  of  the  year  in 
which  it  is  listed.  (March  15,  1893,  See.  28.  In  effect  im- 
mediately. ) 

Sec.  29.  They  shall  in  the  mouth  of  April  of  the  vear 
eighteen  hundred  and  ninety-three,  and  at  the  same  time 
each  year  thereafter,  make  out  and  file  with  the  County 
Assessors  of  the  respective  Counties  in  which  the  railroad 
may  be  located,  a statement  or  schedule  showing  the  prop- 
erty held  for  right-of-way  in  each  County  and  in  each  City  , 
Town  or  Village  in  the  County  through  or  into  which  the 
road  may  run,  and  describing  each  tract  of  land,  other  than 
a City,  Town  or  Village  lot,  through  which  the  road  may 
run,  in  accordance  with  the  United  States  surveys,  where 
the  land  is  surveyed,  giving  the  width  and  length  of  the 
strip  of  land  held  in  each  tract,  and  the  number  of  acres 
thereof  They  shall  also  state  the  value  of  improvements 
and  stations  located  on  the  right-of-way  New  companies 
shall  make  such  statement  in  April  next  after  the  location 
of  their  roads.  (March  15.  1893,  Sec  29.  In  effect  imme- 
diately.) 

Sec.  30.  All  land  occupied  and  claimed  exclusively  as 
the  right-of-way  for  railroads  by  railroad  companies  or  cor- 
porations. with  all  the  tracks  and  all  the  substructures  and 


GENERAL,  LAWS. 


1 1 r 


superstructures  which  support  the  same,  must  be  assessed 
as  a whole  and  as  real  estate,  without  separating  the  same 
into  lands  and  improvements,  at  a certain  sum  per  mile, 
which  sum,  like  other  lands,  shall  be  full  cash  value  thereof, 
and  all  such  real  estate  situated  in  the  State,  occupied  and 
claimed  by  any  railroad  company  as  such  right-of-way  shall 
be  deemed  to  be  the  property  of  such  company  for  the  pur- 
poses of  taxation,  (March  15,  1893,  Sec.  30  In  effect  im- 
mediately ) 

SEC.  31.  All  railroad  improvements,  other  than  the 
track,  substructures  and  superstructures  which  support  the 
same,  wherever  situated,  upon  the  land  occupied  as  the 
right-of-way  owned  or  occupied  by  any  railroad  company 
or  person,  used  or  occupied  as  such  right-of-way,  must  be 
separately  assessed  as  personal  property.  (March  15,  1893, 
Sec.  31.  In  effect  immediately.) 

Sec.  32.  The  value  of  the  “railroad  track”  shall  be 
listed  and  taxed  in  the  several  Counties  in  the  proportion 
that  the  length  of  the  main  track  in  such  County  bears  to 
the  whole  length  of  the  road  in  the  State,  except  the  value 
of  the  side  or  second  track,  and  all  turnouts,  and  all  station 
houses,  depots, machine  shops,  or  other  buildings  belonging 
to  the  road,  which  shall  be  taxed  in  the  County  in  which 
the  same  are  located.  (March  15,  1893,  Sec.  32.  In  effect 
immediately.) 

Sec.  33.  The  moveable  property  belonging  to  a rail- 
road company  shall  be  held  to  be  a personal  property,  and 
denominated,  for  the  purpose  of  taxation,  “rolling  stock.” 
Every  person,  company  or  corporation  owning,  construct- 
ing or  operating  a railroad  in  this  State  shall,  in  the  month 
of  April,  annually  return  a list  or  schedule  to  the  County 
Assessor  of  each  Count}'  wherein  they  hold  or  own  property, 
which  shall  contain  a correct  detailed  inventory  of  the  roll- 
ing stock  belonging  to  .such  company,  and  which  shall  dis- 
tinctly set  forth  the  number  of  locomotives  of  all  classes, 
passenger  cars  of  all  classes,  sleeping  and  dining  cars,  ex- 
press cars,  baggage  cars,  house  cars,  cattle  cars,  coal  cars, 
platform  cars,  wrecking  cars,  pay  cars,  hand  cars,  and  all 
other  kinds  of  cars.  (March  15,  1893,  Sec.  33.  In  effect 
immediately.) 

Sec.  34.  The  rolling  stock  shall  be  listed  and  taxed  in 
the  several  Counties  in  the  proportion  that  the  length  of 
the  main  track  used  or  operated  in  such  County  bears  to 


Railroad  im- 
provemen  t s, 
when  deetn- 
e d personal 
property. 


Values  listed 
and  taxed  in 
each  County 
relatively. 


M o v e a b 1 e 
railroad  prop- 
erty treated 
as  personal. 


Lists,  what 
to  contain. 


Rolling  stock, 
how  li  s t e d 
and  taxed. 


4 


I I 2 


GENERAL  LAWS 


Other  r a i 1- 
road  personal 
property, 
when  taxed. 


Tel  e g r a p h 
and  tele- 
phone  com- 
panies to  re- 
turn lists  of 
property  t o 
Assessor, and 
what  lists  to 
contain. 


the  whole  length  of  the  road  used  or  operated  by  such  per- 
son, company  or  corporation,  whether  owned  or  leased  by 
him  or  them  in  whole  or  in  part.  Said  list  or  schedule 
shall  set  forth  the  number  of  miles  of  main  track  on  which 
said  rolling  stock  is  used  in  the  vState  of  Washington,  and 
the  number  of  miles  of  main  track  on  which  said  rolling 
stock  is  used  elsewhere.  (March  r5,  1893,  Sec.  34.  In  effect 
immediately. ) 

SEC.  35.  All  tools,  machinery  and  material  for  repairs, 
and  all  other  personal  property  of  any  railroad  company, 
except  “rolling  stock,”  shall  be  listed  and  assessed  as  per- 
sonal property  in  the  County  wherever  the  same  may  be  on 
the  first  day  of  April  of  each  year.  All  the  real  estate  other 
than  that  denominated  railroad  track  and  right-of-way,  be- 
longing to  any  railroad,  shall  be  listed  as  lands  or  lots,  as 
the  case  may  be,  in  the  County  where  the  same  are  located, 
and  shall  be  assessed  with  the  improvements  in.  the  same 
manner  as  other  similar  property  is  assessed.  (March  15, 
1893,  Sec.  35.  In  effect  immediately.) 

SEC.  36.  The  proper  officer  of  each  railroad  shall  re- 
turn to  the  Assessor  of  the  County  a copy  of  the  schedule 
or  list  of  the  real  estate  and  of  the  personal  property  per- 
taining to  the  railroad  ; and  such  real  and  personal  prop- 
erty shall  be  assessed  by  the  Assessor.  Such  property 
shall  be  treated  in  all  respects,  in  regard  to  assessment  and 
equalization,  the  same  as  other  similar  property  belong- 
ing to  railroads  under  the  terms  “lands,”  “lots”  and  “per- 
sonal property.”  (March  15,  1893,  Sec.  36.  In  effect  im- 
mediately.) 

Sec.  40.  An}’  person,  company  or  corporation  using 
or  operating  a telegraph,  telephone  or  electric  light  line  in 
this  State,  shall,  annually,  in  the  month  of  April,  return  to 
the  County  Assessor  a schedule  or  statement,  under  oath, as 
follows:  First:  The  amount  of  capital  stock  authorized, 

and  the  number  of  shares  into  which  said  capital  stock  is 
divided.  Second:  The  amount  of  capital  stock  paid  up. 
Third:  The  market  value,  or,  if  no  market  value,  then  the 
actual  value  of  the  shares  of  stock.  Fourth:  The  total 
amount  of  all  indebtedness,  except  current  expenses  for 
operating  the  line.  Fifth:  The  length  of  the  line  operated 
in  each  County,  and  the  total  length  in  the  State.  Sixth  : 
The  total  assessed  valuation  of  its  tangible  property  in  this 
State.  Such  schedule  shall  give  the  date,  character,  extent 


ft 


GENERAL  LAWS. 


and  value  of  such  franchise,  the  number  of  poles  per  mile, 
the  number  of  wires,  and  every  electric  light  company  shall 
give  the  kind  of  lights  and  the  number  of  each  kind  sup- 
plied, the  location  and  value  of  the  electric  plant,  whether 
the  ground  is  owned  or  leased,  and  if  leased,  the  owner’s 
name,  and  the  value  of  the  plant  separate  from  such  ground. 
Such  schedule  shall  be  made  in  conformity  to  such  instruc- 
tions and  forms  as  may  be  prescribed  by  the  State  Auditor, 
and  with  reference  to  amounts  and  values  on  the  Erst  day 
of  April  of  the  year  for  which  the  return  is  made,  and  it 
shall  be  the  duty  of  the  County  Assessor  to  transmit  a copy 
of  such  schedule  to  the  State  Auditor  on  or  before  the  first 
Monday  in  September  of  each  year.  All  property,  real  and 
personal,  owned  by'  such  person,  company  or  corporation 
and  situated  in  this  State  must  be  listed  and  assessed  for 
taxation,  and  shall  be  subject  to  the  same  levies  as  the 
property  of  individuals,  and  the  same  rules  that  govern 
other  companies-and  corporations.  (March  15,  1893,  Sec. 
40.  In  effect  immediately.) 

SEC.  41.  If  any  person  or  corporation  shall  give  a false 
or  fraudulent  list,  schedule  or  statement  required  by  this 
act,  or  shall  fail  or  refuse  to  deliver  to  the  Assessor,  when 
called  on  for  that  purpose,  a list  of  the  taxable  personal 
property  which  he  is  required  to  list  under  this  act,  he  or 
it  shall  be  liable  to  a penalty  of  not  less  than  ten  dollars 
nor  more  than  two  thousand  dollars,  to  be  recovered  in  any 
proper  form  of  action  in  the  name  of  the  State  of  Wash- 
ington, on  the  complaint  of  any  person,  such  fine  when  col- 
lected to  be  paid  into  the  County  treasury  to  the  credit  of 
the  general  fund.  (March  15,  1893,  Sec.  41.  In  effect  im- 
mediately.) 

SEC.  42.  Whoever  shall  wilfully  make  a false  list, 
schedule  or  statement,  under  oath,  shall,  in  addition  to  the 
penalty  provided  in  the  preceding  section,  be  liable  as  in 
•case  of  perjury.  (March  15,  1893,  Sec.  42.  In  effect  imme- 
diately.) 

SEC.  43.  All  life,  life  and  accident,  fire,  fire  and 
marine,  plate  glass  and  steam  boiler  insurance  companies 
now  doing  business  in  this  State,  and  all  other  insurance 
companies  not  herein  mentioned,  or  that  may  hereafter  do 
business  in  this  State,  must  file  with  the  State  Auditor  an- 
nually, on  or  before  the  first  day  of  April  in  each  year,  a 
statement,  under  oath,  stating  the  amount  of  all  premiums 


113 


State  Auditor 
t o prescribe 
forms  of 
schedules. 


All  property 
to  b e listed 
for  taxation. 


Penalty  for 
giving  fal  s e 
statements. 


Same. 


In  s urauce 
companies  to 
be  taxed  on 
premiums. 


GENERAL  LAWS. 


1 14 


Penalty  for 
failure  to  pay 
tax. 


Proviso. 


Property  t o 
b e assessed 
at  its  true 
value  i 11 
money  ; bow 
det  ermin  e 
value. 


received  by  said  company  during  the  year  and  the  amount 
of  all  losses  paid,  and  shall  pay  into  the  State  treasury  a tax 
of  two  per  cent,  on  all  such  premiums  collected,  less  the 
amount  losses  paid.  The  Auditor  of  State  shall  file  such 
verified  statement  and  schedule  in  his  office  and  certifv  the 
amount  of  such  gross  receipts,  less  losses  as  aforesaid,  to  the 
State  treasurer.  Within  ten  days  thereafter  such  insurance 
company  shall  pay  or  cause  to  be  paid  into  the  State  treas- 
ury a tax  of  two  per  cent,  upon  all  such  gross  receipts,  less 
such  losses  paid  in  the  State  of  Washington,  which  pay- 
ment when  so  made,  shall  be  in  lieu  of  all  taxes  upon  the 
personal  property  of  such  company  and  the  shares  of  stock 
therein.  Any  insurance  company  failing  or  refusing  to  ren- 
der such  statement  and  to  pay  the  required  two  per  cent, 
tax  thereon  for  more  than  thirty  days  after  the  time  so 
specified  shall  be  liable  to  a fine  of  one  hundred  dollars  for 
each  additional  day  such  statement  and  payment  is  delayed, 
and  the  taxes  may  be  collected  by  distraint  and  the  fine 
recovered  by  an  action  to  be  instituted  by  the  Attornev 
General,  in  the  name  of  the  State,  in  any  court  of  competent 
jurisdiction,  and  such  company  is  enjoined  from  doing  busi- 
ness in  this  State  until  such  payment  of  taxes,  and  fine, 
should  any  be  imposed,  is  fully  made,  and  notice  thereof 
given  to  the  Auditor  of  State,  as  required  in  all  other  in- 
stances, upon  payment  of  taxes  or  other  moneys  to  the  State 
treasurer  ; provided,  that  all  real  property,  if  anv,  of  such 
company  shall  be  listed,  assessed  and  taxed  the  same  as  real 
property  of  like  character  of  individuals.  (March  15,  1893, 
vSec.  43.  In  effect  immediately.) 

Sec.  44.  All  property  shall  be  assessed  at  its  true  and 
fair  value  in  money.  In  determining  the  true  and  fair 
value  of  real  or  personal  property,  the  Assessor  shall  not 
adopt  a lower  or  different  standard  of  value  because  the 
same  is  to  serve  as  a basis  of  taxation  ; nor  shall,  he  adopt 
as  a criterion  of  value  th,e  price  for  which  the  said  prop- 
erty would  sell  at  auction,  or  at  a forced  sale,  or  in  the 
aggregate  with  all  the  property  in  the  Town  or  District ; 
but  he  shall  value  each  article  or  description  of  property  by 
itself,  and  at  such  sum  or  price  as  he  believes  the  same  to 
be  fairly  worth  in  money  at  the  time  such  assessment  is 
made.  In  assessing  any  tract  or  lot  of  real  property,  the 
value  of  the  land,  exclusive  of  improvements,  shall  be  de- 
termined; also  the  value  of  all  improvements  and  structures 
thereon,  and  the  aggregate  value  of  the  property,  includ- 


GENERAL  LAWS. 


1 15 


ing  all  structures  and  other  improvements,  excluding  the 
value  of  crops  growing  upon  cultivated  land.  In  valuing 
any  real  property  upon  which  there  is  a coal  or  other  mine, 
or  stone  or  other  quarry,  the  same  shall  be  valued  at  such 
a price  as  such  property,  including  the  mine  or  quarry, 
would  sell  at  a fair,  voluntary  sale  for  cash.  Taxable 
leasehold  estates  shall  be  valued  at  such  a price  as  they 
would  bring  at  a fair,  voluntary  sale  for  cash.  Money 
whether  in  possession  or  on  deposit,  shall  be  entered  in  the 
statement  at  the  full  amount  thereof.  (March  15,  1893,  Sec. 
44.  In  effect  immediately.) 

SEC.  45.  The  Assessor  shall  list  all  real  property  ac- 
cording to  the  smallest  legal  subdivision,  as  near  as  practi- 
cable, and  where  land  has  been  platted  into  lots  and  blocks, 
he  shall  list  each  lot  or  fraction  thereof  separately;  provided, 
that  when  several  lots  in  any  block,  or  several  blocks  in  any 
plat  of  any  addition,  subdivision  or  townsite,  or  several  tracts 
of  land  shall  be  owned  by  any  one  person,  firm,  syndicate 
or  corporation,  the  Assessor  may  group  such  lots  and  blocks 
and  tracts  so  far  as  practicable.  The  Assessor  shall  make 
out  in  the  real  property  assessment  book,  in  numerical  order, 
complete  lists  of  all  lands  or  lots  subject  to  taxation,  show- 
ing the  names  of  o\yners,  if  to  him  known,  and  if  unknown, 
so  stated  opposite  each  tract  or  lot  in  pencil  memorandum, 
the  number  of  acres  and  lots  or  parts  of  lots  included  in  each 
description  of  property.  The  assessment  books  and  blanks 
shall  be  in  readiness  for  delivery  to  the  Assessors  on  the  first 
Monday  of  February  of  each  year.  (March  23,  1895,  Sec. 4. 
In  effect  immediately.) 

SEC.  50.  If  any  person  required  by  this  act  to  list 
property  shall  be  sick  or  absent  when  the  Assessor  calls  for 
a list  of  his  property,  the  Assessor  shall  leave  at  the  office 
or  usual  place  of  residence  or  business  of  such  person,  a 
written  or  printed  notice  requiring  such  person  to  make  out 
and  leave  at  the  place  named  by  said  Assessor,  on  or  before 
some  convenient  day  named  therein,  the  statement  or  list 
required  by  this  act.  The  date  of  leaving  such  notice  and 
the  name  of  the  person  required  to  list  the  property  shall 
be  noted  by  the  Assessor  in  his  assessment  book.  (March 
15,  1893,  Sec.  50.  In  effect  immediately). 

SEC.  51.  In  every  case  where  any  person  whose  duty  it 
is  to  list  personal  property  for  taxation  has  refused  or 
neglected  to  list  the  same  when  called  on  by  the  Assessor 


Real  proper- 
ty listed  in 
num e r i c a l 
order. 


Notice  td  be 
left  in  case  of 
sickness  or 
absence  of 
property 
owner. 


Refusal  or 
neglect  to  list 
property. 


GENERAL  LAWS. 


1 16 


for  that  purpose,  or  to  take  and  subscribe  an  oath  in  regard 
to  the  truth  of  his  statement  of  personal  property  or  any 
part  thereof,  when  required  bv  the  Assessor,  the  Assessor 
shall  enter  opposite  the  name  of  such  person,  in  an  appro- 
priate column,  the  words  “ refused  to  list,”  or  “ refused  to 
swear,”  as  the  case  may  be;  and  in  every  case  where  any 
person  required  to  list  property  for  taxation  has  been  ab- 
sent or  unable  from  sickness  to  list  the  same,  the  Assessor 
shall  list  the  property  of  such  person  and  enter  opposite  the 
name  of  such  person,  in  an  appropriate  column,  the  words 
Assessor  may  “absent  or  sick.”  The  Assessor  is  hereby  authorized  to 
administer  administer  oaths  to  all  persons  who,  by  the  provisions  of 

oaths.  this  act,  are  required  to  swear,  or  whom  he  may  require  to 

testify  in  any  case,  and  he  may  examine  upon  oath  any 
person  whom  he  may  suppose  to  have  knowledge  of  the 
amount  or  value  of  the  personal  property  of  anv  person  re- 
fusing to  list  or  verify  his  list  of  personal  property.  The 
Assessor  shall  report  to  the  County  board  of  equalization 
all  cases  where  the  owner  or  agent  of  property  assessed  was, 
at  the  time  of  assessment,  either  absent  or  sick  or  refused 
to  make  a sworn  statement  in  reference  thereto.  (March 
J5>  x893,  vSec.  51.  In  effect  immediately). 


Failure  to  ob- 
tain lists. 


Oaths. 


How  collect- 
ed, and  dis- 
traint of 
property. 


SEC.  54.  In  all  cases  of  a failure  to  obtain  a statement 
of  personal  property,  from  any  cause,  it  shall  be  the  duty 
of  the  Assessor  to  ascertain  the  amount  and  value  of  such 
property,  and  assess  the  same  at  such  amount  as  he  believes 
to  be  the  true  value  thereof.  The  Assessor,  when  requested, 
shall  deliver  to  the  person  assessed  a copy  of  the  statement 
of  property  hereinbefore  required,  showing  the  valuation  of 
the  property  so  listed,  which  copy  shall  be  signed  by  the 
Assessor.  (March  15,  1893,  Sec.  54.  In  effect  immediately  ). 

Sec.  58.  Any  oath  authorized  to  be  administered  un- 
der this  act  may  be  administered  by  any  Assessor  or  Deputy 
Assessor,  or  by  any  other  officer  having  authority  to  ad- 
minister oaths.  (March  15,  1893,  Sec.  58.  In  effect  imme- 
diately). 

Sec.  72.  Immediately  after  the  first  day  of  December, 
the  County  Treasurer  shall  proceed  to  collect  all  delinquent 
personal  property  taxes,  and  if  such  taxes  are  not  paid  011 
demand  he  shall  distrain  sufficient  goods  and  chattels  be- 
longing to  the  person  charged  with  such  taxes,  if  found 
within  the  County,  to  pay  the  same,  with  the  said  penalty 
and  interest,  together  with  all  accruing  costs,  and  shall  im- 
mediately proceed  to  advertise  the  same,  by  posting  writ- 


ten  notices  thereof  in  three  public  places  in  the  County  in 
which  such  property  has  been  levied  upon,  stating  the  time 
when  and  the  place  where  such  property  will  be  sold;  and 
if  the  taxes  for  which  said  property  is  distrained,  and  the 
costs  which  accrue  thereon,  are  not  paid  before  the  date  ap- 
pointed for  such  sale,  which  shall  not  be  less  than  ten  days 
after  the  taking  of  such  property,  such  Treasurer  shall  pro- 
ceed to  sell  such  property  at  public  auction,  or  so  much 
thereof  as  will  be  sufficient  to  pay  such  taxes,  penalty,  in- 
terest and  costs,  and  if  there  be  any  overplus  of  money 
arising  from  the  sale  of  any  personal  property,  the  Treas- 
urer shall  immediately  pay  any  such  overplus  to  the  owner 
of  the  property  so  sold,  or  to  his  legal  representatives. 
(March  23,  1895,  Sec.  15.  In  effect  immediately). 

SEC.  73.  If  the  County  Treasurer  is  unable,  for  the 
want  of  goods  of  chattels  whereupon  to  levy,  to  collect  by 
distress  or  otherwise,  the  taxes,  or  am-  part  thereof,  which 
may  have  been  assessed  upon  the  personal  property  of  any 
person  or  corporation,  or  any  executor  or  administrator, 
guardian,  receiver,  accounting  officer,  agent  or  factor,  such 
Treasurer  shall 'file  with  the  County  Auditor,  on  the  first  day 
of  March  following,  a list  of  such  taxes,  with  an  affidavit 
of  himself,  or  of  the  Deputy  Treasurer  entrusted  with  the 
collection  of  said  taxes,  stating  that  he  had  made  diligent 
search  and  inquiry  for  goods  and  chattels  wherewith  to 
make  such  taxes,  and  was  unable  to  make  or  collect  the 
same.  The  County  Auditor  shall  deliver  such  list  and  affi- 
davit to  the  boa^d  of  County  Commissioners  at  their  first 
session  thereafter,  and  the\  shall  cancel  such  taxes  as  they 
are  satisfied  cannot  be  collected.  The  County  Auditor  shall 
then  certify  to  the  State  Auditor  the  amount  of  State  tax 
thus  found  to  be  delinquent  and  uncollectible,  which  amount 
shall  be  deducted  from  the  amount  to  be  paid  by  such  County 
to  the  State  Treasurer  on  account  of  such  taxes.  (March 
23,  1895,  Sec.  16.  In  effect  immediately). 

Sec.  79  All  taxes  and  levies  which  may  hereafter  be 
lawfully  imposed  or  assessed  shall  be  and  they  are  hereby 
declared  to  be  a lien  respectively  upon  the  real  estate  upon 
which  they  may  hereafter  be  imposed  or  assessed,  which 
liens  shall  include  all  charges  and  expenses  of  and  concern- 
ing the  said  taxes  which,  by  the  provisions  of  this  act,  are 
directed  to  be  made.  The  said  lien  shall  have  priority  to 
and  shall  be  fully  paid  and  satisfied  before  any  recognizance, 
mortgage,  judgment,  debt,  obligation  or  responsibilty  to  or 


In  case  of  fail- 
ure to  collect, 
to  file  list 
with  County 
Auditor. 


Taxes  to  be  a 
lien. 


GENERAL  LAWS. 


Iyieu  ma}’’  be 
satisfied,  how 


All  property 
heretofore 
sold  to  Coun- 
ties for  delin- 
quent taxes 
deemed  reg- 
istered, when. 


with  which  said  real  estate  may  become  charged  or  liable. 
(March  23,  1895,  Sec,  19.  In  effect  immediately). 

Sec.  81.  Any  person  being  the  owner  or  having  an  iu- 
■ terest  in  an  estate  or  claim  to  real  estate  against  which  taxes- 
shall  have  been  registered  as  unpaid  may  pay  the  same  and 
satisfy  the  lien  at  any  time  before  suit  or  sale  of  said  real 
estate.  The  person  or  authority  who  shall  collect  or  receive 
the  same  shall  give  a certificate  that  such  taxes  have  been 
so  paid  to  the  person  or  persons  entitled  to  demand  such 
certificate.  Upon  neglect  or  refusal  by  such  officer  or  au- 
thority to  so  certify  the  same  within  ten  days  after  the  re- 
ceipt of  such  registered  taxes,  and  to  enter  satisfaction 
thereof,  such  officer  shall  forfeit  and  pay  to  the  party  ag- 
grieved by  such  neglect  the  sum  of  twenty-five  dollars,  to  be 
recovered  in  any  court  having  competent  jurisdiction,  and 
such  court,  when  satisfied  that  such  registered  taxes  have 
been  paid,  shall  issue  an  order  in  writing  directing  the 
County  Treasurer  and  County  Auditor  to  enter'satisfaction 
upon  such  duplicate  register  of  the  taxes  so  paid.  (March 
J5>  IS93,  Sec.  84.  In  effect  immediately). 

SEC.  82.  All  lots,  tracts  and  parcels  of  land  heretofore 
sold  to  Counties  for  delinquent  taxes,  which  taxes  are  due 
and  remaining  unpaid  at  the  date  of  the  approval  of  this 
act  or  for  the  collection  of  which  suit  has  been  instituted 
but  no  judgment  ordering  such  property  sold  for  said  taxes 
has  been  rendered,  as  shown  bv  the  register  of  unpaid  taxes 
on  file  in  the  offices  of  the  several  County  Treasurers,  shall 
be  deemed  to  be  registered  under  the  provisions  of  this  act; 
and  suit  to  enforce  the  payment  of  such  unpaid  taxes,  to- 
gether with  penalty,  interest,  costs  and  expenses,  shall  be 
instituted  and  payment  enforced  under  the  provisions  of 
this  act.  (March  15,  1893,  Sec.  85.  In  effect  immediately). 

SEC  83  When  any  tax  011  real  estate  is  paid  by  or  col- 
lected of  any  occupant  or  tenant,  or  any  other  person, 
which,  by  agreement  or  otherwise,  ought  to  have  been  paid 
by  the  owner,  lessor  or  other  party  in  interest,  such  occu- 
pant, tenant  or  other  person  may  recover  by  action  the 
amount  which  such  owner,  lessor  or  party  in  interest  ought 
to  have  paid,  with  interest  thereon  at  the  rate  of  ten  per 
cent,  per  annum,  or  he  may  retain  the  same  from  any  rent 
due  or  accruing  from  him  to  such  owner  or  lessor  for  real 
estate  on  which  such  tax  is  so  paid;  and  the  same  shall,  un- 
til paid,  constitute  a lien  upon  such  real  estate.  (March  15. 
1893,  Sec  86.  In  effect  immediately). 


GENERAL  LAWS 


Skc.  84.  Any  person  who  has  a lien,  by  mortgage  or 
otherwise,  upon  any  real  property  upon  which  the  taxes 
have  not  been  paid,  may  pay  such  taxes  and  the  interest, 
penalty  and  costs  thereon;  and  the  receipt  of  the  County 
Treasurer  shall  constitute  an  additional  lien  on  such  land, 
to  the  amount  therein  stated;  and  the  amount  so  paid  and 
the  interest  thereon,  at  the  rate  specified  in  the  mortgage 
or  other  instrument,  shall  be  collectible  with,  or  as  a part 
of,  and  in  the  same  manner  as  the  amount  secured  by,  the 
original  lien.  (March  15,  1893,  Sec  87.  In  effect  immedi- 
ately). 

Sec.  85.  The  taxes  assessed  upon  real  property  shall  be  when  lien 
a lien  thereon  from  and  including  the  first  day  of  April  in  attaches, 
the  year  in  which  they  are  levied  until  the  same  are  paid; 
but  as  between  a grantor  and  grantee  such  lien  shall  not  at- 
tach until  the  first  day  of  January  of  the  succeeding  year. 

The  taxes  assessed  upon  personal  property  shall  be  a lien 
upon  all  of  the  personal  property  of  the  person  assessed, 
and  also  upon  the  property  so  assessed  if  the  possession 
thereof  shall  have  been  transferred,  from  and  after  the  first 
day  of  January  next  succeeding  the  date  of  the  levy  of 
such  taxes.  (March  23,  1895,  vSec.  2t.  In  effect  immedi- 
ately). 

SEC.  86.  If  the  County  Treasurer  has  reason  to  believe,  Ealse  state- 
or  is  informed,  that  any  person  has  given  to  the  Assessor  a meat, 
false  statement  of  his  personal  property;  or  that  the  As- 
sessor has  not  returned  the  full  amount  of  property  re- 
quired to  be  listed  in  his  County;  or  has  omilted  or  made 
an  erroneous  return  of  any  property  which  is  by  law  sub- 
ject to  taxation;  or  if  it  shall  come  to  his  knowledge  that 
there  is  propert}’  of  a non-resident  of  his  County  which  is 
about  to  be  removed  from  the  State,  which  has  not  been 
listed  for  taxation  for  the  current  year,  he  shall  proceed, 
at  any  time  before  the  final  settlement  with  the  County  Au- 
ditor, to  correct  the  return  of  the  Assessor  and  to  charge 
the  owner  of  said  property  on  the  tax  list  with  the  proper 
amount  of  taxes.  To  enable  him  to  do  this  he  is  hereby 
authorized  and  empowered  to  issue  compulsory  process  and 
to  require  the  attendance  of  any  person  whom  he  may  sup- 
pose to  have  a knowledge  of  the  articles,  or  value  of  the 
property,  and  to  examine  such  person  on  oath  in  relation 
to  such  statement  or  return;  and  the  Treasurer  shall  in  all 
such  cases  notify  every  such  person,  before  making  the  en- 
try upon  the  tax  list,  that  such  person  may  have  an  oppor- 


120 


GENERAL  LAWS. 


Auditor  shal 
pres  c'r  i b 
form. 


Utility  of  showing  that  his  statement,  or  the  return  of  the 
Assessor,  is  correct;  the  County  Treasurer  shall  in  all  cases 
file  in  his  office  the  statement  of  facts  or  evidence  upon 
which  he  made  such  corrections.  (March  23,  1S95,  Sec.  22. 
In  effect  immediately.) 

Sec.  87.  If  any  tax  on  any  property  liable  to  taxa- 
tion is  prevented  from  being  collected  for  any  year  or 
years,  by  reason  of  any  erroneous  proceeding,  or  other 
cause,  the  amount  of  such  tax  which  such  property  should 
ha\e  paid  shall  be  added  to  the  tax  on  such  propertv  for  the 
next  succeeding  year.  (March  15,  1893,  Sec.  90.  In  effect 
immediately.) 

Sec.  88.  At  the  time  of  making  the  assessment  of  real 
property  the  Assessor  shall  enter  each  description  of  prop- 
erty exempt  under  the  provisions  of  section  five  of  this  act, 
and  value  and  list  the  same  in  the  manner  and  subject  to 
the  same  rule  as  he  is  required  to  assess  all  other  property, 
designating  in  each  case  to  whom  such  propertv  belongs, 
and  for  what  purpose  used,  to  entitle  it  to  exemption. 
(March  15,  1S93,  Sec.  91.  I11  effect  immediately.) 

Sec  90  Whenever  a civil  action  is  commenced  against 
ain  person  holding  the  office  of  County  Treasurer,  Countv 
Auditor  or  any  other  officer  for  performing  or  attempting 
to  perform  any  duty  authorized  or  directed  by  any  stat- 
ute  of  this  State  for  the  collection  of  the  public  revenue, 
such  Treasurer,  Auditor  or  other  officer  may,  in  the  dis- 
cretion of  the  court  before  whom  such  action  is  brought,  by 
an  order  made  by  such  court  and  entered  in  the  minutes 
thereof,  be  allowed  and  paid  out  of  the  Countv  treasury  rea- 
sonable fees  of  counsel  and  other  expenses  for  defending 
such  action.  (March  15,  1S93,  Sec.  93.  In  effect  imme- 
diately.) 

Sec.  92.  fhe  Auditor  ofState  shall  prescribe  the  forms 
of  all  blanks  and  books  required  under  the  provisions  of  this 
act,  and,  except  as  hereinafter  provided,  shall  have  all  detail 
lists,  schedules  and  assessment  books  to  be  used  in  connec- 
tion with  the  assessment  and  collection  of  the  public  revenue 
printed  and,  when  necessary,  bound  at  the  expense  of  the 
.State,  and  furnished  in  sufficient  size  and  quantities  to  the 
several  Counties  as  may  be  required;  provided,  that  in  pre- 
paring such  assessment  books  the  State  Auditor  shall  follow, 
substantially,  the  following  form: 


ASSESSMENT  AND  TAX  ROLL  OF  READ  PROPERTY  IN 


GENERAL  LAWS. 


Equalized  value  by  state  board 1 ^ 

Equalized  value  bv  county  board 

No.  of  school  district  1 

I 

No.  of  road  district 

Aggregate  assessed  valuation  of  railroad  track j 

| Aggregate  assessed  valuation  of  town  or  city  lots 

Value  of  improvements  on  town  or  city  lots 

Vb.1uc  of  town  or  city  lots.  

Aggregate  assessed  valuation  of  lands  and  ini- 
provcnicnts  thereon 

Value  of  improvements  on  lands 

Value  of  lauds  

I No.  of  acres  improved 

No.  of  acres 

7 i No.  of  range 

1 

as 

0 , No.  of  section 

1 

« 

1 . 

DESCRIPTION  O 
PRO! 

Part  of  sec- 
tiou,  dona- 
tion, mining 
or  other 
claim;  name 
of  city, town, 
village  or  ad- 
dition there- 
to. 

j 

Name  of  per- 
son , fi  r m , 
company  or 
corporation 
' assessed  as 
owners. 

! 

No.  of  line ! 

I 


GKNKRAL  LAWS 


123 


Aud  provided  further,  that  Counties  may  provide  their  Counties  may 
own  assessment  books  and  blanks,  the  expense  of  such  provide  their 
books  and  blanks  to  be  paid  by  the  County,  The  assess-  own  blanks, 
ment  books  and  blanks  shall  be  in  readinesss  for  delivery  etc. 
to  the  Asseesor  on  the  first  Monday  of  March  in  each 
year.  The  State  Auditor  shall  decide  all  questions  that  State  Auditor 
may  arise  in  reference  to  the  true  construction  or  inter-  to  decide  all 
pretation  of  this  act,  or  any  part  thereof,  in  connection  questions 
with  the  advice  and  opinion  of  the  Attorney  General  of  concerning: 
the  State,  and  such  decision  shall  have  force  and  effect  interpreta- 
until  annulled  by  the  judgment  or  decree  of  a court  of  tion  of  this 
competent  jurisdiction.  (March  23,  1895,  Sec.  20  In  effect  act- 
immediately.) 

Sec.  93.  The  County  Treasurer  shall,  during  the  month  Notice  of  ap- 
of  April  in  the  third  calendar  year  following  the  date  of  ulicatioif  for 
delinquency  of  any  taxes  on  real  property,  publish  an  ad-  judgment, 
vertisement  giving  notice  of  the  intended  application  for 
judgment  for  sale  of  such  delinquent  lands  and  lots,  in  a 
newspaper  published  in  his  County,  if  any  such  there  be,  or 
if  there  be  no  such  paper  printed  in  his  County,  then  he 
shall  post  three  notices  of  such  iutended  application  in  the 
most  conspicuous  places  in  such  County,  one  of  which  shall 
be  at  the  door  of  the  court  house  at  the  County  seat  of  such 
Countv.  Said  advertisement  shall  be  published  once  each 
wTeek  for  three  successive  publications,  and  the  last  of  such 
publication  shall  be  at  least  one  week  prior  to  the  date 
fixed  in  such  advertisement  for  such  intended  application. 

Said  advertisement  shall  contain  a list  of  the  delinquent 
lands  and  lots  upon  which  the  taxes  remain  due  and  un- 
paid, the  names  of  the  owners,  if  known,  the  total  amount 
due  thereon,  and  the  year  or  years  for  which  the  same  are 
due.  Said  Treasurer  shall  therein  give  notice  that  on  the 
second  Monday  of  May  in  such  year  he  will  apply  to  the 
Superior  court  of  his  County  for  judgment  against  said 
lands  and  lots,  for  said  taxes,  penalties,  interest  and  costs, 
and  for  an  order  to  sell  said  lots  and  lands  for  the  satisfac- 
tion thereof;  and  shall  also  give  notice  that  on  the  first 
Mondav  of  September  following,  the  lots  and  lands,  for  the 
sale  of  which  an  or^er  shall  be  made,  will  be  exposed  to 
public  sale  at  the  front  door  of  the  court  house  in  said 
Countv,  for  the  amount  of  taxes,  penalties,  interest  and 
costs  due  thereon  ; and  the  advertisement,  published  ac- 
cording to  the  provisions  of  this  section,  shall  be  deemed 
to  be  sufficient  notice  of  the  intended  application  for  judg- 


124 


Clerk’s  fees. 


Comp  e n s a- 
tion. 


Treasurer  to 
select  real 
property  to 
be  held  for 
p e r s o u a 1 
property  tax. 


GENERAL  LAWS. 


ment,  and  of  the  sale  of  the  lands  and  lots  under  the  order 
oPthe  said  court.  Where  the  publisher  of  any  paper  that 
mav  have  been  selected  by  the  County  Treasurer  shall  be 
unable  or  unwilling  to  publish  such  advertisement,  said 
Treasurer  shall  select  some  other  newspaper,  having  due  re- 
gard to  the  circulation  of  such  paper,  or  shall  post  the  no- 
tices hereinbefore  prescribed  : Provided,  that  the  price 

charged  by  any  newspaper  for  such  publication  shall  not 
exceed  in  any  case  the  sum  of  thirty  cents  for  each  descrip- 
tion. 1 he  Clerk  of  the  couit  shall  charge  against  each  de- 
linquent owner  the  same  fees  as  are  charged  for  similar 
services  in  a civil  action,  and  where  several  tracts  belong 
to  oue  person,  firm  or  corporation,  the  fee  shall  be  cliarg^ 
ed  against  such  person,  'firm  or  corporation  for  a single 
action  . Provided,  that  when  the  tax  is  not  contested 
the  entire  charges  against  any  one  owner  shall  not  ex- 
ceed one  dollar  (March  23,  1895,  Sec.  23.  In  effect  im- 
mediately.) 


Sec.  94.  When  it  becomes  necessary,  in  the  opinion  of 
the  County  Ireasurer,  to  charge  the  tax  on  personal  prop- 
ert\  against  real  property,  in  order  that  such  personal  prop- 
erty tax  may  be  collected,  such  County  Treasurer  shall 
select  for  that  pui pose  some  particular  tract  or  lots  of  real 
property  owned  by  the  person  owing  such  personal  property 
tax,  and  in  his  advertisement  for  judgment  and  sale  shall 
designate  the  particular  tract  or  lots  of  real  property  against 
which  such  personal  property  tax  is  charged,  and  in  the  list 
filed  for  judgment  the  same  facts  shall  be  shown  and  the 
court  shall  take  cognizance  thereof,  and  give  judgment 
against  such  tract  or  lots  of  real  property  for  such  personal 
property  tax.  In  all  proceedings  relative  to  assessing,  ad- 
vertising or  selling  lots  or  lands  for  taxes,  and  any  entries 
required  to  be  made  by  the  Clerk  of  the  court,  or  other  offi- 
cer, letters,  figures  and  characters  may  be  used  to  denote 
townships,  ranges,  sections,  parts  of  sections,  lots  or  blocks, 
or  parts  thereof,  the  year  or  the  years  for  which  the  taxes 
were  due,  and  the  amount  of  taxes,  assessments,  penalties, 
interest  and  costs.  Whenever  the  abbreviation  “do,”  or 
character  , , or  any  other  similar  abbreviations  or  char- 
acters shall  be  used  in  any  such  proceedings,  thev  shall  be 
construed  and  held  as  meaning  and  being  the  same  name, 
word,  initial,  letters,  abbreviations,  figure  or  figures,  as  the 
last  preceding  such  “do”  and  or  other  similar  charac- 
ters. In  advertising,  the  whole  of  such  advertisement  shall 


GENERAL  LAWS. 


125 


be  contained  in  one  edition  of  such  newspaper,  and  such 
list  shall  not  be  published  in  supplemental  form;  provided, 
that  nothing  contained  in  this  section  shall  prevent  the 
County  Treasurer  from  subsequently  advertising  and  ob- 
taining judgment  on  lands  or  lots  that  may  have  been 
omitted  through  no  fault  of  the  Treasurer,  or  that  may 
have  been  erroneously  advertised  or  described  in  the  first 
advertisement.  (March  15,  1893,  Sec.  97.  In  effect  imme- 
diately.) 

SEC.  95.  All  applications  for  judgment  and  order  of 
sale  for  taxes  aiid  assessments,  together  with  penalties,  in- 
terest and  costs,  on  delinquent  lands  and  lots,  shall  be  made 
to  the  Superior  court  of  such  County  at  the  time  hereinbe- 
fore specified,  to  wit:  On  the  second  Monday  of  May  in 

the  third.calendar  year  following  the  date  of  the  delinquency 
of  such  taxes  and  assessments.  If  from  any  cause  the  Su- 
perior court  shall  not  be  in  session  on  such  day  the  cause 
shall  stand  continued,  and  it  shall  not  be  necessary  to  re- 
advertise the  list  or  notice  required  by  law  to  be  advertised 
before  judgment  and  sale,  but  as  soon  thereafter  as  the  same 
can  be  heard  said  court  shall  hear  and  determine  the  matter, 
and  if  judgment  is  rendered  the  sale  shall  be  made  on  the 
first  Monday  in  September  following  If  from  any  cause 
the  County  Treasurer  is  prevented  from  advertising  and  ob- 
taining judgment  at  said  time  it  shall  be  held  to  be  legal  to 
obtain  judgment  at  any  subsequent  time  when  said  court  is 
in  sess:on,  but  if  the  failure  arises  from  the  County  Treas- 
urer’s not  complying  with  any  of  the  requirements  of  this 
act.  he  shall  be  held  on  his  official  bond  for  the  full  amount 
of  all  taxes  and  assessments,  together  with  penalties,  inter- 
est atul  costs  charged  against  him;  provided,  that  no  such 
failure  on  the  part  of  the  County  Treasurer  shall  not  be  al- 
lowed as  a valid  objection  to  the  collection  of  any  tax  or 
assessment,  or  to  the  rendition  of  judgment  against  any  de- 
linquent lands  or  lots  included  in  the  application  of  such 
County  Treasurer;  and  provided  further,  that  on  the  appli- 
cation for  judgment  at  such  subsequent  tefm  it  shall  not  be 
deemed  necessary  to  set  forth  or  establish  the  reasons  of 
such  failure.  (March  23,  1895,  Sec.  24.  In  effect  immedi- 
ately). 

SEC.  96.  The  printer,  publisher  or  financial  officer  or 
agent  of  the  newspaper  publishing  the  list  of  the  delinquent 
lands  or  lots  shall  transmit  and  deliver  to  the  County  Treas- 
urer seven  copies  of  the  paper  containing  said  list,  to  each 
of  which  he  shall  attach  his  certificate,  under  oath,  of  the 


Proviso. 


Applications 
for  judgment 
and  order  of 
sale  to  be 
made  to  Su- 
perior court. 


Proviso. 


Certified  list 
under  oath  to 
be  furnished 
the  County 
Treasurer. 


Krror  in  ad- 
vertised list. 


■County  Treas- 
urer to  tran- 
scribe in 
record. 


What  record 
is  to  contain. 


due  publication  of  the  delinquent  list  for  the  time  required 
by  law,  (two  of  which  copies  shall  be  presented  by  the 
County  Treasurer  to  the  County  court  at  the  time  judgment 
is  prayed,)  and  said  copies  shall  be  filed  as  a part  of  the 
records  of  the  court.  Upon  receipt  of  said  papers  by  said 
County  Treasurer  it  shall  be  his  duty  to  file  two  copies  of 
said  paper  in  his  office  and  deliver  at  least  three  copies  to  the 
County  Auditor,  all  of  which  officers  shall  file  and  safely 
preserve  them  in  their  respective  offices.  (March  15,  1893, 
Sec  99.  In  effect  immediately). 

vSec.  97  In  all  cases  where  there  is  an  error  in  the  ad- 
vertised list,  the  fault  thereof  being  the  printer’s,  which 
prevents  judgment  being  obtained  against  any  tracts  or  lots, 
or  against  all  of  said  delinquent  list,  at  the  time  stated  in 
the  advertisement  that  judgment  will  be  applied  for,  the 
printer  shall  lose  the  compensation  allowed  by  law,  or  by 
contract,  for  publishing  the  advertisement  of  such  erroneous 
descriptions  of  tracts,  or  lots,  or  for  publishing  the  entire 
list,  as  the  case  may  be.  (March  15,  1893,  Sec.  100  In 
effect  immediately). 

Sec  98  The  County  Treasurer  shall  transcribe  into  a 
book  prepared  for  that  purpose,  and  known  as  the  tax  judg- 
ment sale,  redemption  and  forfeiture  record,  the  list  of  de- 
linquent lands  or  lots,  which  shall  be  made  out  in  numerical 
order,  and  which  shall  contain  all  the  information  necessary 
to  be  recorded,  at  least  five  days  before  the  commencement 
of  the  term  at  which  application  for  judgment  is  to  be  made, 
which  book  shall  set  forth  the  name  of  the  owner,  if  known, 
the  proper  description  of  the  land  or  lot,  the  year  or  years 
for  which  the  taxes  or  assessments  are  due,  the  valuation 
on  which  the  tax  is  extended,  the  amount  of  the  taxes  and 
assessments,  together  with  the  penalties,  interest  and  costs 
charged  against  such  land  or  lot  Said  book  shall  also  be 
ruled  in  columns,  so  as  to  show  the  amount  paid  before  the 
rendition  of  judgment,  the  amount  of  judgment,  and  a 
column  for  remarks,  the  amount  paid  before  the  sale  and 
after  the  rendition  of  said  judgment,  the  amount  of  the  sale, 
amount  of  interest  or  penalty,  amount  of  cost,  amount  for- 
feited to  the  County,  date  of  sale,  acres  or  part  sold,  name 
of  purchaser,  amoiint  of  sale  and  penalty,  taxes  of  succeed- 
ing years,  interest  and  when  paid,  interest  and  cost,  total 
amount  of  redemption,  date  of  redemption,  when  deed  ex- 


GENERAL  LAWS. 


127 


ecuted,  by  whom  redeemed,  and  a column  for  remarks,  or 
receipt  of  redemption  money,  (March  15.  1893,  Sec.  101. 
In  effect  immediately). 

SKC.  99.  Any  person  owning  an  interest  in  lands  or 
lots  upon  which  judgment  is  prayed,  as  provided  in  this  act, 
ma}T  in  person  or  by  agent  pay  the  taxes,  assessments,  pen- 
alties, interest  and  costs  due  thereon  to  the  County  Treas- 
urer of  the  County  in  which  the  same  are  situated  at  any 
time  before  sale;  and  for  the  amount  so  paid  he  shall  have 
a lien  on  the  property  liable  for  taxes,  assessments,  penal- 
ties, interest  and  costs  for  which  judgment  is  prayed. 
(March  15,  1893,  Sec.  102.  In  effect  immediately). 

SKC  ioo.  Oh  or  before  the  morning  of  the  day  on 
which  judgment  on  delinquent  lands  or  lots  is  prayed,  it 
shall  be  the  duty  of  the  Treasurer  to  report  to  the  Clerk  of 
the  Superior  court  all  the  lands  or  lots,  as  the  case  may  be, 
upon  which  taxes  and  assessments,  together  with  penalties, 
interest  and  costs  have  been  paid,  if  any,  from  the  filing  of 
the  list  mentioned  in  section  95,  up  to  that  time,  and  the 
Clerk  shall  note  the  fact  opposite  each  tract ' upon  which 
such  payments  have  been  made.  (March  15,  1893,  Sec.  103. 
In  effect  immediately). 

Sec.  ioi.  The  Treasurer,  assisted  by  the  Clerk,  shall 
prepare  and  correct  said  list  and  shall  make  and  sub- 
scribe an  affidavit,  which  shall  be  substantially  in  the  fol- 
lowing form  : 

I,  — , Treasurer  of  the  County  of  , 

State  of  Washington,  do  solemnly  swear  (or  affirm,  as  the 
•case  may  be)  that  the  foregoing  is  a true  and  correct  list 
•of  the  delinquent  lands  and  lots  within  the  County  of 

, for  the  year,  or  years,  therein  specified  upon  which 

I have  been  unable  to  collect  the  taxes,  assessments,  penal- 
ties, interest  and  costs  charged  thereon  as  required  by  law; 
and  that  said  taxes  now  remain  due  and  unpaid,  as  I verily7 
believe. 

, County  Treasurer. 

Said  affidavit  shall  be  entered  at  the  end  of  the  list  and 
signed  by  the  Treasurer,  duly  attested  by  his  seal.  (March 
15,  T&93>  Sec.  104.  I11  effect  immediately.) 

SKC.  102.  The  court  shall  examine  said  list,  and  if  de- 
fense (specifying  in  writing  the  particular  cause  of  objec- 
tion) be  offered  by  any7  person  interested  in  any  of  said 
lands  or  lots  to  the  entry  of  judgment  against  the  same,  the 


I.ien  011  prop- 
erty for  taxes 
paid  by  one 
having  in- 
terest. 


Treasurer’s 
report  to  Su- 
perior court. 


Affidavit  o f 
Treasurer. 


Court  to  hear 
and  deter- 
mine s u 111  - 
marily. 


128 


GENERAL  LAWS 


court  shall  hear  and  determine  the  matter  in  a summary 
manner,  without  pleadings,  and  shall  pronounce  judgment 
as  the  right  of  the  case  may  be;  or  said  court  may,  in  its 
discretion,  continue  such  individual  cases,  wherein  defense 
is  offered,  to  such  time  as  it  may  deem  necessary,  in  order 
to  secure  substantial  justice  to  the  defendant  therein;  but  in 
all  other  cases  said  court  shall  proceed  to  determine  the 
matter  in  a summary  manner  as  above  specified.  The  court 
shall  give  judgment  for  such  taxes,  assessments,  penalties, 
interest  and  costs  as  shall  appear  to  be  due  upon  the  several 
lots  or  tracts  described  in  said  notice  of  application,  and 
such  judgment  shall  be  considered  as  a several  judg- 
ment against  each  tract  or  lot,  or  part  of  a tract  or  lot,  for 
each  kind  of  tax  or  assessment  included  therein,  including 
all  penalties  interest  and  costs,  and  the  court  shall  order 
and  direct  the  Clerk  to  make  out  and  enter  an  order  for 
the  sale  of  such  real  property  against  which  judgment 
is  made,  which  shall  be  substantially  in  thev  following 
form: 

Form  of  order  “Whereas,  due  notice  has  been-  given  of  the  intended 

of  sale.  application  to  this  court  for  a judgment  against  the  lands 

and  lots  hereinbefore  described,  and  no  sufficient  evidence 
having  been  made  or  cause  shown  why  judgment  should 
not  be  entered  against  said  lands  or  lots  for  taxes,  assess- 
ments, interest,  penalties  and  costs  due  and  entered  there- 
on for  the  year  or  years  herein  set  forth  ; therefore,  it  is 
considered,  adjudged  and  decreed  by  this  court  that  judg- 
ment be  and  is  hereby  entered  against  the  aforesaid  tract 
or  tracts  or  lots  of  land,  or  parts  of  tracts  or  lots  (as  the 
case  may  be),  in  favor  of  the  State  of  Washington,  for 
the  sum  annexed  to  each,  being  the  amount  of  taxes,  as- 
sessments, penalties,  interest  and  costs  due  severally  there- 
on, and  it  is  ordered  by  the  court  that  the  said  several 
tracts  or  lots  of  land,  or  so  much  of  each  of  them  as 
shall  be  sufficient  to  satisfy  the  amount  of  taxes,  assess- 
ments, penalties,  interest  and  costs  annexed  to  them  sev- 
erally, be  sold  as  the  law  directs,  and  on  the day 

of , 1 8 — . ” 

Said  order  shall  be  signed  by  the  Judge  of  such  Super- 
ior court  and  attested  by  the  Clerk  thereof,  and  a certified 
Certified  copy  copy  of  said  order  together  with  a certified  list  of  the  prop- 
of  order  to  be  erty  therein  ordered  sold  shall  be  served  upon  the  County 
served  upon  Treasurer,  and  the  said  service  shall  be  full  and  sufficient 
the  County  authority  for  him  to  proceed  to  sell  said  property  for  said 
Treasurer.  sums  set  forth  in  said  order  and  to  take  such  further  steps 


GKXKRAIv  LAWS. 


129 


in  the  matter  as  are  provided  by  law.  In  all  judicial  pro- 
ceedings of  any  kind  for  the  collection  of  taxes,  assessments, 
and  the  penalties,  interest  and  costs  therein,  all  amend- 
ments may  be  made  which,  by  law,  can  be  made  in  an  v per- 
sonal action  pending  in  such  court,  and  no  assessments  of 
property  or  charge  for  any  of  said  taxes  shall  be  considered 
illegal  on  account  of  any  irregularity  in  the  tax  lists  or  as- 
sessment roll,  or  on  account  of  the  assessment  rolls  or  tax 
lists  no  ^having  been  made,  completed  or  returned  within 
the  time  required  by  law,  or  on  account  of  the  property  hav- 
ing been  charged,  or  listed,  in  the  assessment  or  tax  list 
without  name,  or  any  other  name  than  that  of  the  original 
owner,  and  no  error  or  informality  in  the  proceedings  of 
any  of  the  officers  connected  with  the  assessment,  levying 
or  collection  of  the  taxes,  not  effecting  the  substantial  jus- 
tice of  the  tax  itself,  shall  vitiate  or  in  an\  manner  affect 
the  tax,  or  the  assessment  thereof,  and  any  irregularity  or 
informality  in  the  assessment  rolls,  or  tax  lists,  or  in 
any  of  the  proceedings  connected  with  the  assessment 
or  lev}'  of  such  taxes,  or  any  omission  or  defective  act  of 
an}-  officer  or  officers  connected  with  the  assessment  or 
levying  of  such  taxes  may  be,  in  the  discretion  of  the 
court,  corrected,  supplied  and  made  to  conform  to  law  by 
the  court.  (March  15,  1893,  Sec.  105.  In  effect  imme- 
diately. j 

Skc.  103.  Appeals  from  the  judgment  of  the  court  may 
be  taken  to  the  Supreme  court  at  any  time  within  six  months 
after  the  rendition  of  said  judgment,  on  the  party  praying 
an  appeal  executing  a bond  to  the  State  of  Washington, 
with  two  or  more  sureties  to  be  approved  bv  the  court,  in 
some  reasonable  amount  to  be  fixed  by  the  court,  conditioned 
that  the  appellant  will  prosecute  his  said  appeal  with  effect, 
and  will  pay  the  amount  of  any  taxes,  assessments,  penal- 
ties, interest  and  costs  which  may  finally  be  adjudged 
against  the  real  estate  involved  in  the  appeal  by  any  court 
having  jurisdiction  of  the  cause.  But  no  appeal  shall  be 
allowed  from  any  judgment  for  the  sale  of  lands  or  lots  for 
taxes,  nor  shall  any  writ  of  error  to  reverse  such  judgment 
operate  as  a supersedeas,  unless  the  party  praviug  such  ap- 
peal, or  desiring  su,ch  a writ  of  error,  shall,  before  taking 
such  appeal,  or  suing  out  such  a writ  of  error,  deposit  with 
the  County  Treasurer  an  amount  of  money  equal  to  the 
amount  of  the  judgment  and  costs.  If  in  case  of  an  appeal, 
or  suing  out  a writ  of  error,  the  judgment  shall  be  con- 


Amendments 
maybe  made. 


Appeals  to  Su- 
preme court. 


130 


GENERAL  LAWS. 


firmed  in  whole  or  in  part,  the  Supreme  court  shall  enter 
judgment  for  the  amount  of  taxes,  with  damages,  not  to 
exceed  ten  per  cent.,  and  order  that  the  amount  deposited 
with  the  Treasurer  aforesaid,  or  so  much  thereof  as  may  be 
necessary,  be  credited  upon  the  judgment  so  rendered,  and 
execution  shall  issue  for  the  balance  of  said  judgment, 
damages  and  costs.  The  Clerk  of  the  Supreme  court  shall 
transmit  to  said  County  Treasurer  a certified  copy  of  the 
order  of  affirmance,  and  it  shall  be  the  duty  of  suc]|  County 
Treasurer,  upon  receiving  the  same,  to  apply  so  much  of  the 
amount  deposited  with  him,  as  aforesaid,  as  shall  be  neces- 
sary to  satisfy  the  amount  of  the  judgment  of  the  Supreme 
court,  and  to  account  for  the  same  as  collected  taxes.  If 
the  judgment  of  the  Superior  court  shall  be  reversed,  and  the 
cause  remanded  for  a re-hearing,  and  if,  upon  the  re-hear- 
ing, judgment  shall  be  rendered  for  the  sale  of  the  land  or 
lots  for  taxes,  or  any  part  thereof,  and  such  judgment  be 
not  appealed  from,  or  writ  of  error  prosecuted  with  super- 
sedeas issued  thereon,  as  herein  provided,  the  Clerk  of  such 
Superior  court  shall  certify  to  the  County  Treasurer  the 
amount  of  such  judgment,  and  thereupon  it  shall  be  the 
duty  of  the  County  Treasurer  to  certify  to  the  County  Clerk 
the  amount  deposited  with  him,  as  aforesaid,  and  the  County 
Clerk  shall  credit  the  said  judgment  with  the  amount  of 
such  deposit,  or  so  much  thereof  as  will  satisfy  the  judg- 
ment, and  the  County  Treasurer  shall  be  chargeable  and 
accountable  for  the  amount  so  credited  as  collected  taxes. 
Nothing  herein  done  shall  be  construed  as  requiring  an  ad- 
ditional deposit,  in  case  of  more  than  one  appeal  or  writ  of 
error  being  prosecuted  in  said  proceedings.  If,  upon  a final 
hearing,  judgment  shall  be  refused  for  the  sale  of  lands  or 
lots  for  the  taxes,  penalties,  interest  and  costs,  or  any  part 
thereof,  the  County  Treasurer  shall  pay  over  to  the  party 
who  shall  have  made  such  deposit,  or  his  legally  authorized 
agent  or  representatives,  the  amount  of  the  deposit,  or  so 
much  thereof  as  shall  remain  after  the  satisfaction  of  the 
judgment  against  the  premises  in  respect  of  which  such  de- 
posit shall  have  been  made.  (March  15  1893,  Sec.  106.  I11 

effect  immediately). 

Execution  of  Sec.  104.  If  judgment  is  rendered  by  any  court  at  any 

judgment.  time  against  any  lands  or  lots  for  any  taxes  assessment, 
penalty,  interest  or  costs,  the  County  Treasurer  shall,  after 
publishing  notice  of  sale,  in  compliance  with  the  require- 
ments of  Section  93  of  this  act,  proceed  to  execute  such 


general  laws. 


131 


judgment  by  the  sale  of  lands  and  lots  against  which  such 
judgment  has  been  rendered  ; Provided,  however,  that  in 
case  of  an  appeal  from  any  such  judgment  the  County  Treas- 
urer shall  not  sell  until  such  appeal  is  disposed  of.  (March 
15,  1893,  Sec.  107.  In  effect  immediately.) 


Sec.  105.  O11  the  day  advertised  for  sale  the  County  County  clerk 

Clerk,  assisted  b}T  the  County  Treasurer,  shall  carefully  ex-  shall  certify 
amine  said  list  upon  which  judgment  has  been  rendered,  tocorreetness 
and  see  that  all  payments  have  been  properly  noted  thereon,  of  record, 
and  said  Clerk  shall  make  a certificate,  to  be  entered  upon 
said  record,  following  the  order  of  [the]  court,  that  such  re- 
cord is  correct,  and  that  judgment  was  rendered  upon  the 
property  therein  mentioned  for  the  taxes,  penalty,  interest 
and  costs  due  thereon,  which  certificate  shall  be  attested 
by  the  Clerk,  under  seal  of  the  court,  and  shall  be  the 
process  on  which  all  real  property,  or  any  interest  therein, 
shall  be  sold  for  taxes,  assessments,  penalties,  interest  and 
costs  due  thereon,  and  may  be  substantially  in  the  form  fol- 
lowing : 


I, , County  Clerk  and  Clerk  of  the  Superior  Form  of 

court  in  and  for  the  County  of , State  of  Washing-  Clerk’s  cer- 

ton,  do  hereby  certify  that  the  foregoing  is  a true  and  cor-  tificates. 
rect  record  of  the  delinquent  real  estate  in  said  Countv 
against  which  judgment  and  order  of  sale  was  duly  entered 

in  the  Superior  court  of  said  County  on  the day 

of : , 189 — , for  the  amount  of  the  taxes,  assessments, 

penalties,  interest  and  costs  due  severally  thereon,  as  there- 
in set  forth,  and  that  the  judgment  and  order  of  court  in 
relation  thereto  fully  appears  on  said  record. 


Clerk  of  Superior  Court. 

Said  certificate  shall  be  duly  signed  by  the  Clerk  of  said 
Superior  court  and  attested  by  his  official  seal.  (March  15, 

1893,  Sec.  108.  In  effect  immediately.  ) 

SEC.  io5.  The  County  Treasurer  shall,  in  person  or  by  County  Treas- 
deputy,  attend  all  sales  of  real  estate  for  taxes,  and  such  urer  to  a t- 
sales  shall  be  publicly  conducted.  (March  15,  1893,  Sec.  tend  sales, 
109.  In  effect  immediately.)  which  are  to 

be  public, 

Sec.  107.  Whenever  a tract  or  lot  shall  be  sold  it  shall  Ma  nner  of 
be  the  duty  of  the  County  Treasurer  to  certify  such  sale  to  keeping  re  - 
the  County  Clerk,  whose  duty  it  shall  be  to  enter  on  the  cord. 


132 


GENERAL  LAWS. 


record  aforesaid  the  quantity  sold  and  the  name  of  the  pur- 
chaser opposite  such  tract  or  lot,  in  the  blank  columns 
provided  for  that  purpose  ; and  when  any  such  property 
shall  be  redeemed  from  sale  the  Clerk  shall  enter  the  name 
of  the  person  redeeming,  and  the  date  and  amount  of  re- 
demption, in  the  proper  column,  on  production  of  the  certi- 
ficate of  the  County  Treasurer  under  seal  that  said  property 
has  been  redeemed  from  such  sale.  (March  15,  1893,  Sec. 
no.  In  effect  immediately.) 

SEC.  108.  All  tracts  or  lots  forfeited  to  the  County 
at  such  sale  as  hereinafter  provided  shall  be  noted  on 
said  record.  (March  15,  1893,  Sec.  hi.  I11  effect  imme- 
diately. ) 

SEC.  109.  Said  book  shall  be  known  and  designated  as 
the  tax  judgment  sale,  redemption  and  forfeiture  record, 
and  be  kept  in  the  office  of  the  County  Clerk.  (March  15, 
1893,  Sec.  112.  In  effect  immediately.) 

SEC.  no.  The  County  Treasurer,  in  person  or  by 
deputy,  shall  attend  at  the  front  door  of  the  County  court 
house  in  his  County  on  the  day  specified  in  the  judgment  of 
the  Superior  court  ordering  such  sale  (due  notice  of  which 
shall  be  given  by  said  Treasurer) , for  the  sale  of  real  estate 
Time  of  day  for  taxes,  and  then  and  there,  between  the  hours  of  10 
for  sale.  o’clock  in  the  forenoon  and  3 o’clock  in  the  afternoon,  pro- 
ceed to  offer  for  sale  separately  and  in  consecutive  order, 
each  tract  of  land,  or  Town  or  City  lot,  in  the  said  list  on 
which  the  taxes,  assessments,  penalties,  interest  or  costs 
Manner  of  have  not  been  paid.  The  sale  shall  be  continued  from 
conducting  day  to  day  during  the  same  hours  until  all  the  tracts  or 

sale.  lots  in  the  delinquent  list  shall  be  sold  or  offered  for  sale. 

(March  15,  1893,  Sec.  113.  In  effect  immediately.) 

Same.  Sec.  hi.  The  person  at  such  sale  offering  to  pay  the 

amount  due  on  each  tract  or  lot  for  the  least  quantity  there- 
of, shall  be  the  purchaser  of  such  quantity,  which  shall  be 
taken  from  the  east  side  of  such  tract  or  lot.  In  determin- 
ing such  piece  or  parcel  of  such  tract  or  lot,  a line  is  to  be 
drawn  due  north  and  south,  far  enough  west  of  eastern  point 
of  tract,  to  make  the  requisite  quantity.  (March  15,  1893, 
Sec.  1 14.  In  effect  immediately.) 

Same.  SEC.  i 12.  Every  tract  or  lot  so  offered  at  public  sale, 

and  not  sold  for  want  of  bidders,  shall  be  forfeited  to  the 

County  in  which  such  property  is  situated,  and  in  which 


such  sale  is  made;  provided,  however,  that  whenever  the 
Superior  court  and  County  Treasurer  shall  certify7  that  the 
taxes,  penalties,  interest  and  costs  on  forfeited  lands  equals 
or  exceeds  the  actual  value  of  such  lands,  the  officer  directed 
bv  law  to  expose  for  sale  lajids  for  delinquent  taxes  shall, 
upon  receipt  of  such  certificate,  offer  for  sale  to  the  highest 
bidder  the  tract  or  lands  in  such  certificate  described,  after 
first  giving  ten  days’  notice  by  advertising,  in  some  paper 
of  general  circulation  in  his  County,  the  time  and  place  of 
sale,  together  with  the  description  of  the  tracts  or  lands  so 
to  be  offered.  And  a certificate  of  purchase  shall  be  issued 
to  the  purchaser-  at  such  sale  as  in  other  cases  in  this  act 
provided,  and  the  County  Treasurer  shall  receive  credit  in 
his  settlement  with  the  County  Auditor  for  the  amount  on 
the  several  funds  not  realized  by  such  sale.  All  collections 
made  under  the  provisions  of  this  act  shall  be  paid  into  the 
several  funds  by-  the  County  Treasurer,  and  accounted  for 
in  the  same  manner  as  all  other  moneys  received  by  him. 
(March  15,  1893,  Sec.  115.  In  effect  immediately). 

SEC.  1 13.  If  any  County  Treasurer  by  himself  or  Dep- 
uty shall  fail  to  attend  any  sale  of  lands  or  lots  advertised 
according  to  the  provisions  of  this  act  and  make  sale  thereof 
as  required  by  law,  he  shall  be  liable,  upon  his  official  bond, 
to  pay  the  amount  of  taxes,  assessments,  penalties,  interest 
and  costs  due  upon  the  lands  or  lots  so  advertised.  The 
said  Treasurer  may  afterwards  advertise  and  sell  such  de- 
linquent property  to  reimburse  himself  for  the  amount  ad- 
vanced by  him;  but  at  no  such  sale  shall  there  be  any  prop- 
erty forfeited  to  the  County.  (March  15,  1893,  Sec.  116. 
In  effect  immediately). 

Sec.  114.  The  person  purchasing  any  tract  or  lot,  or 
any  part  thereof,  shall  forthwith  pay  to  the  Treasurer  the 
amount  charged  on  such  tract  or  lot,  and  on  failure  so  to  do 
the  said  tract  or  lot  shall  be  again  offered  for  sale  in  the 
same  manner  as  if  no  sale  had  been  made;  and  in  no  case 
shall  the  sale  be  closed  until  payment  is  made  or  the  tract 
or  lot  again  offered  for  sale.  (March  15,  1893,  Sec.  117.  In 
effect  immediately  ). 

SEC.  1 15.  The  County  Treasurer,  on  being  requested 
so  to  do,  shall  make  out  and  deliver  to  the  purchaser  of  any 
lands  or  lots,  or  any7  portion  thereof  as  aforesaid,  a certifi- 
cate of  purchase,  describing  the  land  or  lot,  or  portion 
thereof,  sold,  as  the  same  was  described  in  the  delinquent 


Penalty  for 
Treasurer  not 
attending 
sale. 


Payment. 


Certificate  of 
purchase. 


134 


GENERAL  LAWS. 


Index  to  tax 
sale  records 
open  to  in- 
spection. 


Redemption 
of  propertjr 
sold  lor  taxes. 


list,  the  date  of  such  sale,  the  amount  of  taxes,  assessments, 
penalties,  interest  and  costs  for  which  the  same  was  sold, 
and  that  payment  has  been  made  therefor.  If  any  person 
shall  become  the  purchaser  of  more  than  one  tract  or  lot, 
he  may  have  the  whole,  or  one.  or  more  of  them,  included 
in  one  certificate.  Such  certificate  of  purchase  shall  be 
assignable  by  indorsement,  and  an  assignment  thereof  shall 
vest  in  the  assignee,  or  his  legal  representatives,  all  the 
right  and  title  of  the  original  purchaser.  Such  certificates, 
when  issued,  shall  be  numbered  consecutively  by  the  Treas- 
urer in  the  order  of  their  issuance,  and  the  number  of  such 
certificate  shall  be  indorsed  upon  the  tax  judgment  sale,  re- 
demption and  forfeiture  record,  described  in  section  98. 
(March  15,  1893,  Sec.  118.  In  effect  immediately). 

Sec.  1 16.  The  County  Treasurer  is  hereby  authorized 
to  make  an  index  to  tax  sale  records  in  a book  when  furn- 
ished by  the  County,  which  index  shall  be  kept  m his  office 
as  a public  record  open  to  the  inspection  of  all  persons  dur- 
ing office  hours.  (March  15,  1893,  Sec.  119.  I11  effect  im- 

mediately). 

SEC.  1 17.  Real  property  sold  under  the  provisions  of 
this  act  may  be  redeemed  at  any  time  before  the  expiration 
of  three  vears  from  the  date  of  sale,  by  payment,  in  legal 
money  of  the  United  States,  to  the  County  Treasurer  of  the 
proper  County,  the  amount  for  which  the  same  was  sold, 
together  with  12  per  cent,  interest  thereon  from  the  date  of 
sale  until  payment.  The  person  redeeming  such  property 
shall  also  pay  the  amount  of  all  taxes,  assessments,  penal- 
ties, interest  and  costs  accruing  after  such  sale,  with  12  per 
cent,  interest  thereon  from  the  day  the  same  were  due  until 
paid,  unless  such  subsequent  taxes  or  assessments,  penalties, 
interest  or  costs  has  been  paid  bv  or  on  behalf  of  the  per- 
son for  whose  benefit  the  redemption  is  made,  and  not  be- 
ing purchaser  at  the  tax  sale,  or  his  assignee.  No  fee  shall 
be  charged  for  any  redemption  after  the  passage  of  this  act. 
If  the  real  property  of  any  minor,  heir  or  insane  person  be 
sold  for  non-payment  of  taxes  or  assessments,  the  same 
may  be  redeemed  at  any  time  after  sale  and  before  the  ex- 
piration of  one  year  after  such  disability  has  been  removed 
upon  the  terms  specified  in  this  section  on  the  payment  of 
interest  [at  the  rate]  of  10  per  cent,  per  annum  011  the 
amount  for  which  the  same  was  sold,  from  and  after  the 
date  of  sale,  which  redemption  may  be  made  by  themselves 


GENERAL  LAWS. 


135 


or  by  any  person  in  their  behalf.  Tenants  in  common,  or 
joint  tenants,  shall  be  allowed  to  redeem*  their  individual 
interests  in  real  property  sold  under  the  provisions  of  this 
act  in  the  same  manner  and  under  the  terms  specified  in 
this  section  for  the  redemption  of  real  property  other  than 
that  of  insane  persons  and  minor  heirs.  Any  redemption 
made  shall  inure  to  the  benefit  of  the  person  having  the  legal 
or  equitable  title  to  the  property  redeemed,  subject,  however, 
to  the  right  of  the  person  making  the  same  to  be  reimbursed 
by  the  person  benefited.  (March  23,  1895,  Sec.  25.  In  effect 
immediately. ) 

SEC.  i 18.  If  any  purchaser  of  real  estate  sold  for  taxes  Forfeiture, 
or  assessments  shall  suffer  the  same  to  be  forfeited  to  the 
County  or  sold  again  for  taxes  before  the  expiration  of  the 
last  day  of  the  second  annual  sale  thereafter,  such  purchaser 
shall  not  be  entitled  to  a deed  for  such  real  property  until 
the  expiration  of  a like  term  from  the  date  of  the  second  sale 
or  forfeiture,  during  which  time  the  land  shall  be  subject  to 
redemption  upon  the  terms  and  conditions  prescribed  in  this 
act;  but  the  person  redeeming  shall  only  be  required  to  pay, 
for  the  use  of  such  first  purchaser,  the  amount  paid  by  him. 

The  second  purchaser,  if  any,  shall  be  entitled  to  the  re- 
demption money  as  provided  for  in  the  preceding  section  ; 
provided,  however,  it  shall  not  be  necessary  for  any  munic- 
ipal corporation  which  shall  bid  in  its  own  delinquent 
special  assessments  at  any  sale,  in  default  of  other  bidders, 
to  protect  the  property  from  subsequent  forfeitures  or  sales, 
as  above  required  in  this  section.  (March  15,  1893,  Sec.  122. 

In  effect  immediately.) 

Sec.  1 19.  The  books  and  records  belonging  to  the 
office  of  County  Treasurer,  certified  by  said  Treasurer  shall 
be  deemed  prima  facie  evidence  to  prove  the  sale  of  any 
land  or  lot  for  taxes  or  assessments,  the  redemption  of  the 
same  or  payment  of  taxes  or  assessments  thereon.  The 
County  Treasurer  shall,  at  the  expiration  of  his  term  of 
office,  pay  over  to  his  successor  in  office  all  moneys  in  his 
hands  received  for  redemption  from  sale  for  taxes  on  real 
estate.  (March  15,  1893,  Sec.  123.  In  effect  immediately.) 

Sec.  120.  Whenever  it  shall  be  made  to  appear  to  the  Erroneous 
satisfaction  of  a County  Treasurer  that  any  tract  or  lot  was  sale, 
sold  which  was  not  subject  to  be  taxed  or  upon  which  taxes 
or  assessments  have  been  paid  previous  to  the  sale,  he  shall 
make  an  entry  opposite  to  such  tract  [s]  or  lots  in  the  sale 


GENERAL  LAWS. 


136 

GENERAL  LAWS. 

Release. 

or  redemption  record  that  the  same  was  erroneously  sold, 
and  such  entry  shall  be  prima  lacie  evidence  of  the  fact 
therein  stated.  (March  15,  1893,  Sec.  124.  In  effect  imme- 
diately.) 

Skc.  121.  When  the  purchaser  at  such  erroneous  sale, 
or  any  one  holding  under  him,  shall  have  paid  any  taxes 
or  assessments,  together  [with]  the  penalty,  interest  and 
costs,  upon  the  property  so  sold,  which  has  not  been  paid 
by  the  owner  of  the  property,  he  shall  have  the  right  to 
recover  from  such  owner  the  amount  he  has  so  paid,  with 
10  per  cent,  interest  from  the  time  of  payment,  as  money 
paid  for  the  owner’s  use.  (March  15,  1893,  Sec.  125.  In 
effect  immediately.) 

SEC.  122.  The  receipt  of  the  redemption  money  of  any 
tract  of  land  or  lot  by  any  purchaser,  or  by  the  County 
Treasurer  for  the  benefit  of  such  purchaser,  or  the  return 
of  the  certificate  of  purchase  for  cancellation,  shall  operate 
as  a release  of  all  the  claim  to  said  tract  under  or  by  virtue 
of  the  purchase,  and  the  County  Treasurer,  upon  the  re- 
ceipt of  any  such  redemption  money,  shall  immediately 
indorse  upon  the  sale  or  redemption  record  the  fact  that 
such  taxes,  penalties,  interest  and  costs  have  been  paid,  and 
the  property  therein  described  has  been  redeemed  from 
sale  by  said  payment,  and  shall  deliver  to  the  person  re- 
deeming the  same  the  certificate  of  redemption  provided 
for  [in]  section  130.  (March  15,  1S93,  Sec.  126.  In  effect 
immediately. ) 

Conditions  to 
be  complied 
with  prior  to 
receipt  of 
deed. 

Sec.  123.  Hereafter  no  purchaser,  or  assignee  of  such 
purchaser,  of  any  land,  Town  or  City  lot,  at  any  sale  of  lands 
or  lots  for  taxes  or  assessments,  penalties,  interest  and  costs, 
due  either  to  the  State  or  County,  shall  be  entitled  to  a deed 
for  lands  or  lots  so  purchased,  until  the  following  conditions 
have  been  complied  with,  to-wit  : Such  purchaser,  or  as- 

signee, shall  serve  or  cause  to  be  served  a written  or  printed 
or  partly  written  and  partly  printed  notice  of  such  purchase, 
on  every  person  in  actual  possession  or  occupancy  of  such 
land  or  lot ; also  the  person  in  whose  name  the  same  was 
assessed  or  taxed,  if  upon  diligent  inquiry  he,  or  she,  can 
be  found  in  the  County;  also  the  owners  of  and  parties  in- 
terested in  said  land  or  lot,  if  they  can,  upon  diligent  in- 
quiry, be  found  in  the  County,  at  least  three  mouth[s]  be- 
fore the  expiration  of  the  time  of  redemption  on  such  sale  ; 
in  which  notice  he  shall  state  when  he  purchased  the  land 

GENERAL,  RAWS 


137 


or  lot,  in  whose  name  taxed,  the  description  of  the  land  or 
lot  he  has  purchased,  for  what  year  taxed,  or  specially  as- 
sessed, and  when  the  time  of  redemption  will  expire.  If  nd 
person  is  in  possession  or  occupancy  of  such  land  or  lot,  and 
the  person  in  whose  name  the  same  was  taxed  or  assessed, 
upon  diligent  inquiry  cannot  be  found  in  the  County,  then 
such  person  or  assignee  shall  publish  such  notice  in  some 
newspaper  of  general  circulation  in  said  County  in  which 
said  land  or  lot  is  situated,  which  notice  shall  be  inserted 
three  times — the  first  time  not  more  than  three  months  and 
the  last  time  not  more  than  one  month  before  the  time  of 
redemption  shall  expire  ; provided  however,  that  if  the 
owners  of  said  land  or  lots,  or  the  parties  interested  therein, 
cannot  be  found  in  the  County,  and  the  person  in  actual  oc- 
cupancy is  tenant  to  or  is  in  possession  under  the  owner  or 
party  interested  therein,  then  service  of  said  notice  upon 
such  tenant  shall  be  deemed  service  upon  the  owner  or  party 
interested;  and  provided  further,  that  if  the  owners,  or  par- 
ties interested,  are  unknown  to  such  purchaser  or  his  as- 
signee, then  said  publication,  as  to  them,  may  be  to  the  un- 
known owner  or  parties  interested.  (March  15,  1893,  Sec. 
127.  In  effect  immediately.) 

Sec.  124.  Every  such  purchaser  or  assignee,  by  him- 
self or  agent,  shall,  before  he  shall  be  entitled  to  a deed, 
make  an  affidavit  of  his  having  complied  with  the  condi- 
tions of  the  foregoing  section,  stating  particularly  the 
facts  relied  on  as  such  compliance,  which  affidavit  shall 
be  delivered  to  the  County  Treasurer,  and  which  shall  by 
him  be  filed  and  carefully  preserved  with  the  records  of 
his  office,  and  which  record  or  affidavit  shall  be  prima 
facie  evidence  that  such  notice  has  been  given.  Any  per- 
son swearing  falsely  in  such  affidavit  shall  be  deemed 
guilty  of  perjury,  and  upon  conviction  thereof  shall  be  pun- 
ished accordingly.  (March  15,  1893,  Sec.  128.  In  effect  im- 
mediately.) 

Sec.  125.  In  case  any  person  shall  be  compelled  to 
publish  such  notice  in  a newspaper,  then,  before  any  person 
who  may  have  a right  to  redeem  such  lands  or  lots  from  sale 
shall  be  permitted  to  redeem,  he  shall  pay  to  the  officer  who 
by  law  is  authorized  to  receive  such  redemption  money  the 
amount  paid  for  publishing  such  notice  for  the  use  of  the 
person  compelled  to  publish  such  notice,  as  aforesaid  ; the 
fee  for  such  publication  shall  not  exceed  $1.00  for  the  first 


Proviso. 


Purchaser  to 
make affi - 
davit  that  he 
has  complied 
with  condi- 
tions. 


P“ee  for  publi- 
cation. 


conveyance 


GENERAL  LAWS. 


tract  or  lot  contained  in  such  notice  and  25  cents  for  each 
additional  tract  or  lot.  The  fact  of  publication  shall  be  es- 
tablished by  affidavit  of  the  publisher.  (March  15,  1893,  Sec. 
129.  In  effect  immediately.) 

County Treas-  SEC.  126.  At  any  time  after  the  expiration  of  three 
mer  to  exe-  years  from  the  date  of  sale  of  any  real  estate  for  taxes  oras- 
cute  deed  of  sessments,  penalties,  interest  and  costs,  if  the  same  shall  not 
have  been  redeemed,  the  County  Treasurer,  011  request  and 
on  the  production  of  the  certificate  of  purchase,  and  upon 
compliance  with  the  three  preceding  sections,  shall  execute 
and  deliver  under  his  hand  and  seal  to  the  purchaser,  his 
heirs  or  assigns,  a deed  of  conveyance  for  the  real  estate 
described  in  such  certificate.  ( March  23,  1895,  Sec.  26.  In 
effect  immediately.) 

Sec.  127.  When  any  person  shall  hold  more  than  one 
certificate  of  purchase  at  the  same  sale  and  for  the  same 
year’s  tax  or  assessment  the  Treasurer  shall,  on  the  request 
of  the  holder  of  such  certificates,  include  as  many  tracts  or 
lots  described  therein  in  the  deed  of  conveyance  as  such 
person  may  desire,  and  for  which  deed  the  County  Treasurer 
shall  have  and  receive,  for  the  benefit  of  the  County,  a fee 
of  fifty  cents  for  each  certificate  embraced  therein;  provided, 
that  no  greater  fee  than  five  dollars  shall  be  charged  upon 
any  one  deed.  The  deed  so  made  by  the  County  Treasurer, 
under  the  official  seal  of  his  office,  shall  be  recorded  in  the 
same  manner  as  other  conveyances  of  real  estate,  and  shall 
vest  in  the  grantee,  his  heirs  and  assigns  euti+led  to  the 
property  therein  described,  without  further  acknowledge- 
ment or  evidence  of  such  conveyance,  and  said  evidence  shall 
be  substantially  in  the  following  form  : 

State  of  Washington,  ) 

County  of . j 

Form  of  deed.  Whereas,  at  a public  sale  of  real  estate  for  the  non-pay- 
ment of  taxes,  penalty,  interest  and  costs  made  in  the  County 
aforesaid  on  the — day  of , 189 — , the  follow- 

ing described  real  estate  was  sold,  to- wit  : (here  place  de- 
scription of  real  estate  conveyed);  .and,  whereas,  the  same 
not  having  been  redeemed  from  said  sale,  and  it  appearing 
that  the  holder  of  the  said  certificate  of  purchase  of  said  real 
estate  has  complied  with  the  laws  of  the  State  of  Washing- 
ton necessary  to  entitle  (insert  him,  her  or  them)  to  a deed 

for  said  real  estate:  Now,  therefore,  know  ye  that  I, 

, County  Treasurer  of  said  County  of , in 


GENERAL  RAWS 


139 


consideration  of  the  premises  and  by  virtue  of  the  statutes 
of  the  State  of  Washington,  in  such  cases  provided,  do  here- 
by grant  and  convey  unto , his  heirs  and 

assigns,  forever,  the  said  real  estate  hereinbefore  described, 
subject,  however,  to  any  redemption  provided  by  law. 

Given  under  my  hand  and  seal  of  office  this day 

of , A.  D.  18 — . 

, County  Treasurer. 

(March  15,  1893,  Sec  131.  In  effect  immediately.) 

Sec.  128.  Deeds  executed  by  the  County  Treasurer,  as 
aforesaid,  shall  be  prima  facie  evidence  in  all  controversies 
and  suits  in  relation  to  the  right  of  the  purchaser,  his  heirs 
and  assigns,  to  the  real  estate  thereby  conveyed  of  the  fol- 
lowing facts  : First  : That  the  real  estate  conveyed  was 

subject  to  taxation  at  the  time  the  same  was  assessed,  and 
had  been  listed, and  assessed  in  the  time  and  manner  re- 
quired by  law.  Second  : That  the  taxes  or  assessments  were 
not  paid  at  any  time  before  the  sale  Third  : That  the  real 
estate  conveyed  had  not  been  redeemed  from  the  sale  at  the 
date  of  the  deed.  Fourth  : That  the  real  estate  was  adver- 
tised for  sale  in  the  manner  and  for  the  length  of  time  re- 
quired by  law.  Fifth  : That  the  real  estate  was  sold  for 
taxes,  assessments,  penalties  and  costs,  as  stated  in  the  deed. 
vSixth  : That  the  grantee  in  the  deed  was  the  purchaser,  or 
assignee  of  the  purchaser.  Seventh  : That  the  sale  was  con- 
ducted in  the  manner  required  by  law  And  any  judgment 
for  the  sale  of  real  estate  for  delinquent  taxes  rendered  after 
the  passage  of  this  act,  except  as  otherwise  provided  in  this 
section,  shall  estop  all  parties  from  raising  any  objections 
thereto,  or  to  a tax  title  based  thereon,  which  existed  at  or 
before  the  rendition  of  such  judgment,  and  could  have  been 
presented  as  a defense  to  the  application  for  such  judgment 
in  the  court  wherein  the  same  was  rendered,  and  as  to  all 
such  questions  the  judgment  itself  shall  be  conclusive  evi- 
dence of  its  regularity  and  validity  in  all  collateral  pro- 
ceedings, except  in  cases  where  the  tax  or  assessments 
have  been  paid,  or  the  real  estate  was  not  liable  to  the  tax 
or  assessments.  (March  15,  1893,  Sec.  132.  In  effect  imme- 
diately.) 

SEC.  129.  Unless  the  holder  of  the  certificate  for  real 
estate  purchased  at  any  tax  sale  under  this  act  takes  out  a 
deed  as  entitled  by  law,  and  files  the  same  for  record  within 
one  year  from  and  after  the  time  he  is  entitled  to  such  deed, 
the  said  certificate  or  deed,  and  the  sale  on  which  it  is  based, 


Deeds  execut- 
ed by  County 
Treasurer  to 
be  prima 
facie  evi- 
dence of  right 
of  purchaser. 


Deed  and  sale 
to  be  null  if 
not  filed  ff>r 
record  in  one 
year’s  time. 


i4o 


GENERAL  LAWS. 


Redempti  o n 
of  forfeiture. 


County  Treas- 
urer author- 
ized to  adver- 
tise and  sell 
property  for 
delin  quent 
taxes. 


shall,  from  and  after  the  expiration  of  such  one  vear.  be  ab- 
solutely null.  If  the  holder  of  such  certificate  shall  be  pre- 
vented from  obtaining  such  deed  by  injunction,  or  order  of 
any  court,  or  by  the  refusal  of  the  Treasurer  to  execute  the 
same,  the  time  he  is  so  prevented  shall  be  excluded  front  the 
computation  of  such  time.  Certificates  of  purchase  and 
deeds,  executed  by  the  County  Treasurer  shall  recite  the 
qualification  required  in  this  section.  (March  15,  1893,  Sec. 

133.  In  effect  immediately.) 

Sec.  130.  If  any  person  shall  desire  to  redeem,  or  pur- 
chase, any  tract  of  land  or  lot  forfeited  to  the  County,  he 
shall  apply  to  the  County  Treasurer  who  shall  receive  from 
such  person  the  amount  due  on  said  tract  or  lot,  together 
with  the  penalty,  interest  and  costs  on  all  taxes  heretofore 
forfeited,  and  shall  give  such  person  a duplicate  receipt 
therefor,  setting  forth  a description  of  the  property  and  the 
amount  received,  which  receipt  shall  be  evidence, of  the  re- 
demption or  sale  of  the  property  therein  described,  as  the 
case  may  be.  In  case  of  sales  the  County  Treasurer  shall 
make  the  receipt  in  the  form  of  a certificate  of  purchase,  in 
the  same  manner  as  though  said  property  had  been  bid  off 
at  the  regular  sale  for  delinquent  taxes.  Property  purchased 
under  this  section  shall  be  subject  to  redemption  notice,  etc,, 
as  if  sold  at  regular  public  tax  sale.  (March  15.  1S93,  Sec. 

134.  In  effect  immediately  ) 

Sec.  13E  The  Treasurer  shall,  each  year,  upon  receiv- 
ing the  tax  roll  from  the  County  Auditor,  enter  against  each 
tract  of  land  or  Town  lot  sold  for  taxes  and  remaining  un- 
redeemed, and  on  which  tax  deed  has  not  issued,  and 
against  each  tract  of  land  or  lot  theretofore  forfeited  to  the 
County  for  unpaid  taxes,  in  columns  for  that  purpose,  the 
year  for  which  said  tracts  or  lots  or  portions  thereof  were 
sold  or  unpaid,  and  the  said  statement  shall  be  noted  on 
each  tax  receipt,  together  with  all  subsequent  taxes  paid  by 
holder  of  tax  sale  certificate,  issued  after  the  date  of  anv  tax 
sale,  and  the  amount  thereof  shall  be  collected  and  paid 
over  in  like  manner  as  other  taxes.  The  County  Treasurer 
is  hereby  authorized  to  advertise  and  sell  said  property  on 
which  taxes  become  delinquent,  in  the  manner  hereinbefore 
required  by  this  act  as  if  said  property  had  never  been  sold 
or  forfeited  to  the  County,  and  the  County  may.  by  its  agent, 
attend  such  sale  for  taxes  and  buy  said  lauds  and  acquire  the 
same  rights  that  individuals  notv  have  under  the  law  ; and 
acquire,  hold,  sell  and  dispose  of  said  title  thereto  the  same 


as  and  in  the  same  manner  as  individuals  may  do  under  the 
laws  of  this  State,  in  case  of  sale  for  taxes.  Said  sales  shall 
be  continued  from  year  to  year  until  the  taxes  on  said  prop- 
erty are  paid,  by  sale  or  otherwise;  provided,  that  any  per-  Proviso, 
son  purchasing  property  at  tax  sale  which  has  heretofore 
been  forfeited  to  the  County  for  unpaid  taxes  prior  to  said 
sale  shall,  before  receiving  the  certificate  of  sale  of  such 
property,  pay  or  cause  to  be  paid  to  the  County  Treasurer  all 
unpaid  taxes,  together  with  all  penalties,  interest  and  costs 
to  date  due  to  said  County,  and  such  amount  so  paid  shall 
constitute  a lien  on  said  property,  and  the  purchaser  paying 
such  delinquent  taxes  shall,  upon  redemption  thereof,  be  en- 
titled to  receive  the  same,  and  the  County  Treasurer  shall, 
in  case  of  redemption  collect  for  the  benefit  of  such  pur- 
chaser the  amount  so  paid  by  him,  with  interest  at  the  rate  of 
twelve  per  cent,  per  annum.  (March  23,  1895,  Sec.  27.  In 
effect  immediately.) 

SEC.  132.  All  lots,  tracts  and  parcels  of  land  heretofore 
forfeited  or  sold  to  Counties  for  delinquent  taxes  due  and 
remaining  unpaid  at  the  date  of  the  approval  of  this  act,  or 
for  the  collection  of  which  suit  has  been  instituted,  but  no 
judgment  ordering  such  property  sold  for  said  taxes  has 
been  rendered,  as  shown  by  the  registers  of  unpaid  taxes 
now  on  file  in  the  office  of  the  several  County  Treasurers  of 
the  State,  shall  be  deemed  to  be  registered  under  the  pro- 
visions of  this  act,  and  suit  to  enforce  the  payment  of  such 
unpaid  taxes,  together  with  penalty,  interests  and  costs, 
may  be  instituted,  and  payment  enforced  under  and  by  vir- 
tue of  the  provisions  of  this  act  as  follows:  Suit  to  collect  Manner  of 

the  unpaid  taxes  of  1890  and  previous  years  may  be  insti-  procedure  to 
tuted  at  any  time  subsequent  to  the  passage  and  approval  collect  the 
of  this  act,  on  order  of  the  Board  of  County  Commissioners,  unpaid  taxes 
and  when  so  ordered  shall  be  instituted  and  enforced  under  of  1890  and 
the  provisions  of  this  act.  Suit  to  collect  the  unpaid  taxes  *8$i. 
of  1891  shall  be  instituted  in  1894  at  the  time  and  in  the 
manner  specified  in  this  act,  and  all  subsequent  taxes  re- 
maining unpaid  shall  be  collected  under  the  provisions 
herein  set  forth.  (March  15,  1893.  Sec  effect  im- 

mediately.) 

SEC.  133.  All  acts  and  parts  of  acts  heretofore  enacted 
by  the  Legislature  of  the  Territory  or  State  of  Washington 
providing  for  the  assessment  and  collection  of  taxes  in  this 
State  shall  be  and  the  same  are  hereby  repealed.  (March 
15,  1893,  Sec.  137  In  effect  immediately.) 


142 


GENERAL  LAWS 


PENALTY  AND  INTEREST  ON  STATE,  COUNTY  AND 
MUNICIPAL  TAXES. 

An  Act  relating  to  penalty  and  interest  on  State,  County 

and  municipal  taxes  which  became  due  and  payable  in 

the  years  1893  and  1894,  and  declaring  an  emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Skotion  1.  All  of  the  penalty  and  accrued  interest 
shall  be  remitted  on  all  delinquent  State.  County  and  muni- 
cipal taxes  which  became  due  and  payable  in  the  years 
1893  and  1894,  and  which  shall  be  paid  on  or  before  the 
first  day  of  July,  1895,  and  the  proper  officer  shall  receive 
the  net  amount  of  such  taxes  in  full  satisfaction  thereof. 

SEC.  2.  All  of  the  penalty  and  one-half  of  the  accrued 
interest  shall  be  remitted  on  all  delinquent  State.  County 
and  municipal  taxes  which  became  due  and  payable  in  the 
years  1893  and  1894,  and  which  shall  be  paid  after  the  first 
day  of  July,  1895,  and  on  or  before  the  first  day  of  Decem- 
ber. 1895,  and  the  proper  officer  shall  receive  in  full  satis- 
faction of  such  taxes  the  net  amount  thereof,  together  with 
interest  thereon  at  the  rate  of  ten  per  cent  per  annum  from 
the  date  when  the  same  became  delinquent  to  the  date  of 
payment. 

SEC.  3 One-half  of  the  penalty  and  two-fifths  of  the  ac- 
crued interest  shall  be  remitted  011  all  State,  County  and 
municipal  taxes  which  became  due  and  payable  in  the  years 
1893  and  1894,  and  which  shall  remain-  unpaid  after  the  first 
day  of  December,  1895,  and  the  proper  officer  shall  receive 
in  full  satisfaction  of  such  taxes  the  net  amount  thereof,  to- 
gether with  a penalty  of  two  and  one-half  per  cent,  thereon, 
and  together  with  interest  thereon  at  the  rate  of  twelve  per- 
cent. per  annum  from  the  date  when  the  same  became  de- 
linquent, to  the  date  of  payment. 

Sec.  4.  The  delinquent  tax  lists  shall  be  published  dur- 
ing the  month  of  April,  1896,  and  where  any  contracts 
have  been  made  for  the  publication  of  delinquent  tax  lists 
prior  to  such  date  under  existing  laws,  said  contracts  shall 
be  extended  to  coyer  the  publication  herein  required  to  be 
made. 

SEC.  5.  That,  w'hereas,  great  financial  stringency 


GENERAL  LAWS 


143 


exists,  and  many  citizens  are  unable  to  pay  their  taxes, 
with  the  large  penalty  and  interest  accrued  thereon  under 
the  existing  laws,  an  emergency  is  declared  to  exist,  and 
this  act  shall  take  effect  and  be  in  force  immediately. 

Approved  March  8,  1895. 


LAWS  1890,  P.  294. 

APPROPRIATION  OF  LANDS  BY  CORPORATIONS  I TO  REG- 
ULATE PROCEEDINGS  FOR. 

An  Act  to  regulate  the  mode  of  proceeding  to  appropriate 
lands,  real  estate  and  property  by  corporations  for  cor- 
porate purposes  and  of  ascertaining  and  securing  com- 
pensation therefor,  and  repealing  laws  in  conflict  with 
this  act,  and  declaring  an  emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  i.  Any  corporation  authorized  by  law  to  ap- 
propriate land,  real  estate,  premises  or  other  property  for 
right  of  way  or  any  other  corporate'  purposes,  may  present 
to  the  Superior  court  of  the  County  in  which  any  land,  real 
estate,  premises  or  other  property  sought  to  be  appropriated 
shall  be  situated  or  to  the  judge  of  such  Superior  court  in 
any  County  where  he  has  jurisdiction  or  is  holding  court,  a Petition  to  Su- 
petition  in  which  the  land,  real  estate,  premises  or  other  perior  court, 
property  sought  to  be  appropriated,  shall  be  described  with 
reasonable  certainty  and  setting  forth  the  name  of  each 
and  every  owner,  incumbrancer  or  other  person  or  party 
interested  in  the  same,  or  any  part  thereof  so  far  as  the  same 
can  be  ascertained  from  the  public  records;  the  object  for 
which  the  lands  is  sought  to  be  appropriated  and  praying 
that  a jury  be  empanelled  to  ascertain  and  determine  the 
compensation  to  be  made  in  money  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corpora- 
tion to  such  owner  or  owners  respectively  and  to  all  tenants, 
incumbrancers  or  any  others  interested  for  the  taking  or 
injuriously  affecting  such  lands,  real  estate,  premises  or 
other  property,  or  in  case  a jury  be  waived  as  in  other  civil 
cases  in  courts  of  record  in  the  manner  prescribed  by  law, 
then  that  the  compensation  to  be  made  as  aforesaid  be  as- 
certained and  determined  by  the  court,  or  judge  thereof. 


144 


GENERAL  LAWS. 


Notice  must 
served. 


Noil  resident 
owners. 


Service  by 
publication. 


Skc.  2.  A notice  stating  briefly  the  objects  of  the  peti- 
tion and  containing  a description  of  the  land,  real  estate, 
premises  or  property  sought  to  be  appropriated  and  stating  the 
time  and  place  when  and  where  the  same  will  be  presented 
to  the  court  or  the  judge  thereof  shall  be  served  on  each 
and  every  person  named  therein  as  owner,  incumbrancer, 
tenant  or  otherwise  interested  therein  at  least  ten  days 
previous  to  the  time  designated  in  such  notice  for  the  pre- 
sentation of  such  petition  Such  service  shall  be  made  by 
delivering  a copy  of  such  notice  to  each  of  the  persons  or 
parties  so  named  therein,  if  a resident  of  the  State  ; or  in 
case  of  the  absence  of  such  person  or  party  from  his  or  her 
usual  place  of  abode  by  leaving  a copy  of  such  notice  at  his 
or  her  usual  place  of  abode;  or  in  case  of  a foreign  corpora- 
tion at  its  principal  place  of  business  in  this  State,  with 
some  person  of  more  than  sixteen  years  of  age.  In  case  of 
domestic  corporations  such  service  shall  be  made  upon  the 
president,  secretary  or  other  director  or  trustee  of  such  cor- 
poration. In  case  of  minors  or  their  guardians  or  in  case  no 
guardian  shall  have  been  appointed,  then  on  the  person 
who  has  the  care  and  custody  of  such  minor  ; in  case  of 
idiots,  lunatics  or  distracted  persons,  on  their  guardian,  or 
in  case  no  guardian  shall  have  been  appointed  then  on  the 
person  in  whose  care  or  charge  they  are  found.  In  case  the 
land,  real  estate  premises  or  other  property  sought  to  be 
appropriated  is  State,  school  or  County  land,  the  notice 
shall  be  served  on  the  Auditor  of  the  County  in  which  the 
land,  real  estate  premises  or  other  property  sought  to  be 
appropriated  is  situated  In  all  cases  where  the  owner  or 
person  claiming  an  interest  in  such  real  or  other  property 
is  a non-resident  of  this  State,  or  where  the  residence  of 
such  person  is  unknown,  and  an  affidavit  of  the  agent  or  at- 
torney of  the  corporation  shall  be  filed  that  such  owner  or 
person  is  a non-resident  of  this  State  or  that  after  diligent 
inquiry  his  residence  is  unknown  or  cannot  be  ascertained 
by  such  deponent,  service  may  be  made  by  publication 
thereof  in  any  newspaper  published  in  the  County  where 
such  lands  are  situated  once  a week  for  two  successive 
weeks  and  in  case  no  newspaper  is  published  in  said  County, 
then  such  publication  may  be  had  in  a newspaper  published 
in  a County  nearest  to  the  County  in  which  lies  the  land 
sought  to  be  appropriated.  And  such  publication  shall  be 
deemed  service  upon  each  of  such  non-resident  person  or 
persons  whose  residence  is  unknown.  Such  notice  shall  be 


GENERAL  LAWS.  145 

signed  by  the  president,  manager,  secretary  or  attorney  of 
the  corporation  ; and  in  case  the  proceedings  provided  for 
in  this  act  or  instituted  by  the  owner  or  any  other  person  or 
party  interested  in  the  land,  real  estate  or  other  property 
sought  to  be  appropriated,  then  such  notice  shall  be  signed 
by  such  owner,  person  or  party  interested,  or  his,  her  or  its 
attorney.  Such  notice  may  be  served  by  any  competent 
person  over  twenty-one  years  of  age.  Due  proof  of  the  ser-  Proof  of  ser- 
vice of  such  notice  by  affidavit  of  the  person  serving  the  vice, 
same  or  by  the  printer’s  affidavit  of  publication  shall  be 
filed  with  the  Clerk  of  such  Superior  court  before  or  at  the 
time  of  the  presentation  of  such  petition.  Want  of  service 
of  such  notice  shall  render  the  subsequent  proceedings  void 
as  to  the  person  not  served,  but  all  persons  or  parties  hav- 
ing been  served  with  notice  as  herein  provided,  either  by 
publication  or  otherwise  shall  be  bound  by  the  subsequent 
proceedings.  In  all  other  cases  not  otherwise  provided  for, 
service  of  notices,  orders  and  other  papers  in  the  proceed- 
ings authorized  by  this  act,  may  be  made  as  the  Superior 
court  or  the  judge  thereof  may  direct. 

SiCC.  3.  The  court  or  judge  may.  upon  application  of  Powers  of 
the  petitioner  or  of  any  owner  or  party  interested  for  rea-  court, 
sonable  cause  adjourn  the  proceedings  from  time  to  time, 
and  may  order  new  or  further  notice  to  be  given  to  any 
party  whose  interest  may  be  affected. 

Skc.  4.  At  the  time  aud  place  appointed  for  hearing 
said  petition  or  to  which  the  same  may  have  been  adjourned 
if  the  court  or  judge  thereof  shall  have  satisfactory  proof 
that  all  parties  interested  in  the  laud,  real  estate,  premises 
or  other  property  described  in  said  petition  have  been  duly 
served  with  said  notice  as  above  described,  and  shall  be  fur- 
ther satisfied  by  competent  proof  that  the  contemplated  use 
for  which  such  land,  real  estate,  premises  or  other  propertv 
sought  to  be  appropriated  is  really  a public  use,  and  that 
the  public  interest  requires  the  prosecution  of  such  enter- 
prise and  that  the  land,  real  estate,  premis'es  or  other  prop- 
erty so  sought  to  be  appropriated  are  required  and  neces- 
sary for  the  purposes  of  such  enterprise,  the  court  or  judge 
thereof  may  make  an  order  to  be  recorded  in  the  minutes 
of  said  court,  directing  the  Sheriff  to  summon  from  the 
citizens  of  the  County  in  which  any  land,  real  estate,  Jury, 
premises  or  other  property  sought  to  be  appropriated  shall 
be  situated,  as  many  qualified  persons  as  may  be  necessary 
in  order  to  form  a jury  of  twelve  persons,  unless  the  parties 


146 


Separate 
sessment 
each  own 


Judgment 

damages. 


GENERAL  LAWS. 

to  the  proceedings  consent  to  a less  number  (such  number 
to  be  not  less  than  three)  and  such  consent  shall  be  entered 
by  the  Clerk  in  the  minutes  of  the  trial.  If  necessary  to 
complete  the  jury  the  Sheriff,  under  the  direction  of  the 
court  or  judge  thereof,  shall  summon  as  many  qualified  per- 
sons as  may  be  required  to  complete  the  jury  from  the  by- 
standers, citizens  of  the  County  where  the  land,  real  estate, 
premises  or  other  property  is  situated. 

SEC.  5.  A judge  of  the  Superior  court  shall  preside  at 
the  trial  which  shall  be  held  at  such  time  as  the  court  or 
the  judge  thereof  may  direct  at  the  court  house  in  the 
County  where  the  land,  real  estate,  premises  or  other  prop- 
erty sought  to  be  appropriated  is  situated,  and  the  jurors  at 
as_  such  trial  shall  make  in  each  case  a separate  assessment  of 
for  damages1  which  shall  result  to  any  person,  corporation  or 
er-  company,  or  to  the  State  or  to  any  County  by  reason  of  the. 
appropriation  and  use  of  such  land,  real  estate,  premises  or 
other  property  by  such  corporation  as  aforesaid  for  any  and 
all  corporate  purposes,  and  shall  ascertain,  determine  and 
award  the  amount  of  damages  to  be  paid  to  said  owner  or 
owners  respectively  and  to  all  tenants,  incumbrancers  and 
others  interested  for  the  taking  or  injuriously  affecting  such 
land,  real  estate,  premises  or  other  property  for  the  pur- 
pose of  such  enterprise,  irrespective  of  any  benefit  from 
any  improvement  proposed  by  such  corporation.  Upon  the 
trial  witnesses  may  be  examined  on  behalf  of  either  party 
to  the  proceedings  as  in  civil  actions;  and  a witness  served 
with  a subpoena  in  such  proceedings  shall  be  punished  for 
failure  to  appear  at  such  trial  or  for  perjury,  as  upon  a trial 
of  a civil  action.  Upon  a verdict  of  a jury  judgment  shall 
for  be  entered  for  the  amount  of  the  damages  awarded  to  such 
owner  or  owners  respectivelv,  and  to  all  tenants,  incum- 
brancers and  others  interested  for  the  taking  or  injuriously 
affecting  such  land,  real  estate,  premises  or  other  property. 
In  case  a jury  is  waived  as  in  civil  cases  in  courts  of  record 
in  the  manner  prescribed  by  law,  the  compensation  to  be 
paid  for  the  property  sought  to  be  appropriated  shall  be  as- 
certained and  determined  by  the  court  or  judge  thereof, 
and  the  proceedings  shall  be  the  same  as  in  trials  of  an 
issue  of  fact  by  the  court. 

SEC.  6.  At  the  time  of  rendering  judgment  for  dam- 
ages, whether  upon  default  or  trial,  the  court  or  judge 

1 As  to  evidence  of  values  see  Seattle  M.  & Ry.  Co.  v.  Morphine,  4 
Wash  . 448;  Seattle  M.  & Ry.  C ).  v.  Gilchrist,  4 Wash.,  50;. 


GENERAL  LAWS 


147 


thereof  shall  also  enter  a judgment  or  decree  of  appropria- 
tion of  the  land,  real  estate,  premises,  right  of  wav  or  other 
property  sought  to  be  appropriated,  thereby  vesting  the 
legal  title  to  the  same  in  the  corporation  seeking  to  appro- 
priate such  land,  real  estate,  premises,  right  of  way  or  other 
property  for  corporate  purposes.  Whenever  said  judgment 
or  decree  of  appropriation  shall  affect  lands,  real  estate  or 
other  premises,  a certified  copy  of  such  judgment  or  decree  • 
of  appropriation  may  be  filed  for  record  in  the  office  of  the 
Auditor  of  the  County  where  the  said  land,  real  estate  or 
other  premises  are  situated,  and  shall  be  recorded  by  said 
Auditor  like  a deed  of  real  estate  and  with  like  effect  If 
the  title  to  said  land,  real  estate,  premises  or  other  prop- 
erty attempted  to  be  acquired  is  found  to  be  defective  from 
any  cause,  the  corporation  may  again  institute  proceedings 
to  acquire  the  same  as  in  this  act  provided. 

Sec,  7.  Upon  the  entry  of  judgment  upon  the  verdict 
of  a jury  or  the  decision  of  the  court  or  judge  thereof, 
awarding  damages  as  hereinbefore  prescribed,  the  petitioner 
or  any  officer  of,  or  any  person  duly  appointed  by  said  cor- 
poration may  make  payment  of  the  damages  assessed  to  the 
parties,  entitled  to  the  same,  and  of  the  costs  of  the  pro- 
ceedings. by  depositing  the  same  with  the  Clerk  of  said  Payment  of 
Superior  court  to  be  paid  out  under  the  direction  of  the  damages, 
court  or  judge  thereof ; and  upon  making  such  payment 
into  the  court  of  the  damages  assessed  and  Allowed,  and  of 
the  costs  to  any  land,  real  estate,  premises  or  other  property 
mentioned  in  said  petition,  such  corporation  shall  be  releas- 
ed and  discharged  from  any  and  all  further  liability  there- 
for, unless  upon  appeal  the  owner  or  other  person  or  party 
interested  shall  recover  a greater  amount  of  damages  ; and 
in  that  case  only  for  the  amount  in  excess  of  the  sum  paid 
into  said  court,  and  the  costs  of  appeal.  Provided,  that  in 
case  of  an  appeal  to  the  Supreme  court  of  the  State  by  any 
party  to  the  proceedings,  the  money  so  paid  into  the  Super- 
ior court  by  such  corporation  as  aforesaid,  shall  remain  in 
the  custody  of  said  court  until  the  final  determination  of  the 
proceedings  by  the  said  Supreme  court. 

SEC.  8 Any  person,  corporation,  State  or  County 
claiming  to  be  entitled  to  any  money  paid  into  court  as 
provided  in  this  act  may  apply  to  the  court  therefor,  and 
and  upon  furnishing  evidence  satisfactory  to  the  court  that 
he  or  it  is  entitled  to  the  same,  the  court  shall  make  an 
order  directing  the  payment  to  such  claimant  the  portion  of 


' 

i48  . GENERAL  LAWS. 

such  money  as  he  or  it  shall  be  found  entitled  to  ; but  if 
upon  application  the  court  or  judge  thereof  shall  decide 
that  the  title  to  the  land,  real  estate,  premises  or  other 
|[  property  specified  in  the  application  of  such  claimant  was 

in  such  condition  as  to  require  that  an  action  be  commenced 
to  determine  the  conflicting  claims  thereto  he  shall  refuse 
such  order  until  such  action  is  commenced  and  the  conflict- 
ing claims  to  such  land,  real  estate,  premises  or  other  prop- 
erty be  determined  according  to  law. 

Sec.  9.  Either  party  may1  appeal  from  the  judgment 
for  damages  entered  in  the  Superior  court  to  the  Supreme 
court  of  the  State  within  thirty  days  after  the  entry  of 
judgment  as  aforesaid,  and  such  appeal  shall  bring  before 
the  Supreme  court  the  propriety  and  justness  of  the  amount 
of  damages  in  respect  to  the  parties  to  the  appeal;  provided, 
however,  that  110  bond  shall  be  required  of  an}’  person  in- 
terested in  the  property  sought  to  be  appropriated  by  such 
corporation,  but  in  case  the  corporation  appropriating  such 
Bond  of  cor-  land,  real  estate,  premises  or  other  property,  is  appellant, 
po ratio  11.  it  shall  give  a bond  like  that  prescribed  in  the  next  follow- 

ing section  to  be  executed,  filed  and  approved  in  the  same 
manner;  and,  provided  further,  that  if  the  owner  of  the 
land,  real  estate,  premises  or  other  property,  accepts  the 
sum  awarded  by  the  jury,  the  court  or  the  judge  thereof, 
he  shall  be  deemed  thereby  to  have  waived  conclusively  an 
appeal  to  the  Supreme  court,  and  final  judgment  by  default 
mav  be  rendered  in  the  Superior  court  as  in  other  cases. 

Sec.  10.  The  construction  of  any  railway  or  canal,  or 
the  prosecution  of  any  works  or  improvements,  by  any 
corporation  as  aforesaid,  shall  not  be  hindered,  delayed  or 
in  case  of  prevented  by  the  prosecution  of  the  appeal  of  any  party  to 
proper  bond  the  proceedings;  provided,  the  corporation  aforesaid  shall 
corporation  execute  and  file  with  the  clerk  of  the  court  in  w’hicli  the 
Mot  delayed,  appeal  is  pending,  a bond  to  be  approved  by  said  clerk  with 
sufficient  sureties,  conditioned  that  the  persons  executing- 
the  same  shall  pay  whatever  amount  may  be  required  by 
the  judgment  of  the  court  therein,  and  abide  any  rule  or 
order  of  the  court  in  relation  to  the  matter  in  controversy. 

Sec.  11.  No  rights  acquired  in  actions  now  pending 
under  existing  laws  shall  be  affected  by  anything  herein 
contained,  and  as  to  all  pending  actions,  such  laws  arecon- 

I Seattle  & M.  Ry.  Co.  v.  O’Meara,  4 Wash.,  17. 


GENERAL  LAWS 


149 


tinued  in  full  force  and  effect.  Except  as  provided  in  this 
section  all  laws  and  parts  of  laws  relating  to  the  appropria- 
tion of  lands  and  other  property  by  corporations  for  cor- 
porate purposes  are  hereby  repealed. 

SEC.  12.  Any  railroad  company  whose  right  of  wav 
passes  through  any  canon,  pass  or  defile  shall  not  prevent 
any  other  railroad  company  from  the  use  and  occupancy  of 
said  canon,  pass  or  defile  for  the  purpose  of  its  road  in 
common  Nwith  the  road  first  located,  or  the  crossing  of  other 
railroads  at  grade,  and  any  railroad  company  authorized  by 
law  to  appropriate  land,  real  estate,  premises  or  other  prop- 
erty for  right  of  wav,  or  any  other  corporate  purpose,  may 
present  a petition  in  the  manner  and  form  herein  provided 
for  the  appropriation  of  a right  of  way  through  any  canon, 
pass  or  defile  for  the  purpose  of  its  road  where  right 
of  way  has  already  been  located,  condemned  or  located  by 
some  other  railroad  company  through  such  canon,  pass  or 
defile  for  the  purposes  of  its  road,  and  thereupon  like  pro- 
ceedings shall  be  had  upon  such  petition  as  herein  provided 
in  other  cases;  and  at  the  time  of  rendering  judgment  for 
damages,  whether  upon  default  or  trial,  the  court  or  judge 
thereof  shall  enter  a judgment  or  decree  authorizing  said 
railroad  company  to  occupy  and  use  said  right  of  way,  road- 
bed and  track,  if  necessary,  in  common  with  the  railroad 
company  or  companies  already  occupying  or  owning  the 
same,  and  defining  the  terms  and  conditions  upon  which  the 
same  shall  be  so  occupied  and  used  in  common.1 


CHAPTER  LXII,  LAWS  OF  1893,  P.  135. 

RIGHT  OF  EMINENT  DOMAIN  BY  MUNICIPAL  CORPORATIONS 
OTHER  THAN  CITIES  OF  THE  FIRST-CLASS. 

Ax  Act  giving  the  power  and  regulating  the  mode  of  pro- 
cedure to  acquire,  take  or  damage  private  property  by 
municipal  corporations  except  Cities  of  the  first-class, 
and  of  ascertaining  and  securing  compensation  there- 
for, and  repealing  laws  in  conflict  with  this  act. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington  : 

Section  i.  Municipal  corporations,  except  Cities  of 
the  first-class  are  hereby  empowered  and  authorized  to  ac- 


1 See  following  act. 


150  GENERAL  LAWS. 

quire,  condemn,  take  or  damage  private  property  for  public 
corporate  uses,  and  for  such  purpose  may  proceed  to  ac- 
quire, take  or  damage  the  same  in  the  manner  provided  bv 
chapter  nine  of  the  laws  of  1890,  relating  to  ‘‘appropriations 
of  lands  by  corporations,  to  regulate  proceedings  for,”  en- 
titled “An  Act  to  regulate  the  mode  of  proceeding  to  ap- 
propriate lands,  real  estate  or  property  by  corporations  for 
corporate  purposes  and  of  ascertaining  and  securing  com- 
pensation therefor,  and  repealing  laws  in  conflict  with  this 
act,  and  declaring  an  emergency  ” 

Sec.  2.  All  laws  in  conflict  with  this  act  are  hereby 
repealed 

Approved  March  8,  1893. 1 


CHAPTER  XCV,  LAWS  OF  1893,  P.  226. 

PROVIDING  FOR  RE-ASSESSMENT  OF  COSTS  OF  EOCAE  IM- 
PROVEMENTS IN  CITIES  AND  TOWNS. 

An  Act  relating  to  and  authorizing  the  collection  of  assess- 
ments for  local  improvements  by  a new  assessment  or 
re-assessment  of  the  cost  and  expense  of  making  the 
same  in  Cities  and  Towns  and  declaring  an  emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  1.  That  whenever  an  assessment,  for  laying 
out,  establishing,  closing,  straightening,  altering,  widening, 
grading,  re-grading,  paving,  re-paving,  planking,  re-plank- 
ing, sidewalking  and  bridging,  macadamizing,  re-macadam- 
izing, re-graveling,  piling,  re-piling,  capping,  re-capping  any 
street,  avenue  or  alley  or  for  any  local  improvement  wdiicli 
has  heretofore  been  made  or  which  may  hereafter  be  made 
by  any  City  or  Town  has  been  or  maybe  hereafter  declared 
void,  and  its  enforcement  under  the  charter  or  laws  govern- 
such  City  or  Town  refused  by  the  courts  of  this  State  or  for 
any  cause  whatever  has  been  heretofore  or  may  be  hereafter 
set  aside,  annulled  or  declared  void  by  any  court,  either  dir- 
ectly or  by  virtue  of  any  decision  of  said  court,  the  Council 
Shall  make  a of  such  City  or  Town  shall  by  ordinance  order  and  make  a 
new  assess-  new  assessment  or  re-assessment  upon  the  lots,  blocks  or 
ment.  parcels^of  land  which  have  been  or  will  be  benefited  by  such 


1 Preceding  act . 


GENERAL  LAWS. 


i 


local  improvements,  to  the  extent  of  their  proportionate 
part  of  the  expense  thereof,  and  in  case  the  cost  shall  ex- 
ceed the  actual  value  of  such  local  improvement  the  new 
assessment  or  re-assessment  shall  be  for  and  based  upon  the 
actual  value  of  the  same  at  the  time  of  its  completion  ; and 
to  this  end  the  board  of  public  works  or  other  proper  au- 
thority of  such  City  or  Town  shall  make  a new  assessment 
roll  in  equitable  manner  with  reference  to  the  benefits  re- 
ceived, as  near  as  may  be  in  accordance  with  the  law  in. 
force  at  the  time  such  re-assessment  is  made,  and  when  the 
same  shall  have  been  confirmed  and  approved  by  the  Count- 
ed it  shall  be  enforced  and  collected  in  the  same  manner 
that  other  assessments  for  local  improvements  are  enforced 
and  collected  under  the  charter  or  laws  governing  such  City 
or  Town  ; but  all  proceedings  relative  to  making  the  ex- 
pense of  local  improvements  chargeable  upon  property 
benefited  thereby  required  and  provided  by  the  charter  and 
laws  of  such  City  or  Town  prior  to  the  making  of  original 
assessment  roll  shall  not  be  included  nor  required  within 
the  purpose  of  this  act. 

Sec.  2.  The  City  Council  of  such  City  or  Town  shall 
by  ordinance  order  and  make  a new  assessment  or  re-assess- 
ment as  provided  in  preceding  section,  upon  the  lots,  blocks 
or  parcels  of  land,  which  have  been  or  will  be  benefited  bv 
such  improvement  to  the  extent  of  their  proportionate  part 
of  the  cost,  expense  and  value  thereof. 

Sec.  3.  Upon  the  passage  of  an  ordinance,  as  herein- 
before provided,  the  board  of  public  works,  or  other  proper 
authority  of  such  City  or  Town,  shall  make  out  an  assess- 
ment roll  according  to  the  provisions  of  the  said  ordinance, 
and  shall  certify  the  same  to  the  Council  of  such  City  or 
Town. 

SEC.  4.  Upon  receiving  the  said  assessment  roll,  the  Notice. 
Clerk  of  such  City  or  Town  shall  give  notice  by  three  (3) 
successive  publications  in  the  official  newspaper  of  such 
City  or  Town  that  such  assessment  roll  is  on  file  in  his  office, 
the  date  of  filing  the  same,  and  said  notice  shall  state  a 
time  at  which  the  Council  will  hear  and  consider  objections 
to  said  assessment  roll  by  the  parties  aggrieved  by  such 
assessment.  The  owner  or  owners  of  any  property  which 
is  assessed  in  such  assessment  roll,  whether  named  or  not 
in  such  roll,  may  within  ten  (10)  days  from  the  last  pub- 
lication provided  herein,  file  with  the  Clerk  his  objections 
in  writing  to  said  assessment. 


152 


GENERAL  LAWS. 


Council  to 
hear  and  de- 
termine all 
objections. 


Sec.  5.  At  the  time  appointed  for  hearing  objections 
to  such  assessment,  the  Council  shall  hear  and  determine 
all  objections  which  have  been  filed  by  any  party  interested 
to  the  regularity  of  the  proceedings  in  making  such  re-as- 
sessment and  to  the  correctness  of  the  amount  of  such  re- 
assessment, or  of  the  amount  levied  011  any  particular  lot 
or  parcel  of  land,  and  the  Council  shall  have  the  power  to 
adjourn  such  hearing  from  time  to  time,  and  shall  have 
power  in  their  discretion  to  revise,  correct,  confirm  or  set 
aside,  and  to  order  that  such  re-assessment  be  made  de 
qovo,  and  such  Council  shall  pass  an  order  approving  and 
confirming  said  proceedings  and  said  re-assessment  as  cor- 
rected by  them  and  their  decision  and  order  shall  be  a final 
determination  of  the  regularity,  validity  and  correctness  of 
said  re-assessment  to  the  amount  thereof,  levied  on  each  lot 
or  parcel  of  land.  If  the  Council  of  any  such  Citv  con- 
sists of  two  houses  the  hearing  shall  be  had  before  a joint 
session,  but  the  ordinance  approving  and  confirming  the 
re-assessment  shall  be  passed  in  the  same  manner  as  other 
ordinances. 

Sec.  6.  The  fact  that  the  contract  has  been  let,  or 
that  such  improvement  shall  have  been  made  and  com- 
pleted, in  whole  or  in  part,  shall  not  prevent  such  assess- 
ment from  being  made,  nor  shall  the  omission,  failure  or 
neglect  of  any  officer  or  officers  to  comply  with  the  pro- 
visions of  the  charter  or  laws  governing  such  CU37  or  Town 
as  to  petition,  notice,  lesolution  to  improve,  estimate  sur- 
vey diagram,  manner  of  letting  contract  or  execution  of 
work,  or  any  other  matter  whatsoever  connected  with  the 
improvement  and  the  first  assessment  thereof,  operate  to 
invalidate  or  in  any  way  affect  the  making  of  the  new  assess- 
ment or  re-assessment  as  provided  for  by  this  act,  charging 
the  property  benefited  with  the  expense  thereof;  provided, 
that  such  new  assessment  shall  be  for  an  amount  which 
shall  not  exceed  the  actual  cost  and  value  of  the  improve- 
ment, together  with  any  interest  that  shall  have  lawfully 
accrued  thereon,  and  that  such  amount  be  equitably  ap- 
portioned upon  the  property  benefited  thereby  according 
to  the  provisions  of  the  charter  or  laws  of  such  City  or 
Town. 

It  being  the  true  intent  and  meaning  of  this  act  to  make 
the  cost  and  expense  of  all  local  improvements  payable  by 
the  real  estate  benefited  by  such  improvement  by  making  a 
re-assessment  therefor,  notwithstanding  that  the  proceed- 


GENERAL  LAWS 


>53 


ings  of  the  Common  Council  or  board  of  public  works  or 
any  of  its  officers,  may  be  found  irregular  or  defective, 
whether  jurisdictional  or  otherwise;  when  such  re-assess- 
ment is  completed  all  sums  paid  on  the  former  attempted 
assessment  shall  be  credited  to  the  property  on  account  of 
which  the  same  was  paid. 

SEC.  7.  In  all  cases  where  the  Treasurer,  City  or  Town 
authorities,  shall  be  unable  to  enforce  the  collection  of  any 
special  assessment,  by  reason  of  irregularity  or  omission  in 
any  proceedings  subsequent  to  the  confirmation  of  such 
assessment,  the  Council  is  authorized  and  empowered  to 
cause  a new  warrant  or  order  to  issue  to  the  Treasurer,  or 
other  proper  officers,  for  the  collection  of  any  assessment 
which  by  reason  of  such  irregularity  or  omission  remains 
unpaid  and  not  collected.  The  Treasurer,  or  other  proper 
officer,  shall  proceed,  under  such  new  warrant  or  order,  to 
enforce  and  collect  the  assessments  therein  specified  in  the 
same  manner,  as  near  as  may  be,  as  is  prescribed  by  the 
provisions  of  this  act  for  the  enforcement  and  collection  of 
special  assessments  after  the  same  shall  have  been  con- 
firmed as  in  this  act  provided,  and  as  often  as  any  failure 
shall  occur  by  reason  of  such  irregularities  or  omissions  a 
new  warrant  or  order  may  issue  and  new  proceedings  be 
had  in  like  manner  until  such  special  assessment  shall  be 
fully  collected  as  to  each  and  every  lot  or  parcel  of  land 
charged  therewith. 

SEC.  8.  Any  person  who  has  filed  objections  to  such 
new  assessment  or  re-assessment,  as  hereinbefore  provided, 
shall  have  the  right  to  appeal  to  the  Superior  court  of  this 
vState  and  County  in  which  such  City  or  Town  may  be 
situated. 

Sec.  9 Such  appeal  shall  be  made  by  filing  a written 
notice  of  appeal  with  the  Clerk  of  such  City  or  Town  with- 
in ten  (10)  days  after  such  new  assessment  or  re-assessment 
roll  shall  have  been  approved  and  confirmed  by  the  Coun- 
cil and  said  notice,  shall  describe  the  property  and  the  ob- 
jections of  such  appellant  to  such  assessment  and  such  ap- 
pellant shall  also  file  with  the  clerk  of  the  Superior  court 
aforesaid  within  twenty  (20)  days  from  the  approval  and 
confirmation  of  such  roll  bv  the  Council  a copy  of  said  no- 
tice appeal  re-assessment  roll  and  proceedings  thereon, 
certified  by  the  Clerk  of  such  City  or  Town,  together  with  a 
bond  to  such  City  or  Town  conditioned  to  pay  all  costs  that 


New  proceed- 
ings for  en- 
forcement. 


Rights  of  ap- 
peal. 


Manner  of 
taking  ap- 
peal. 


154 


GENERAL  LAWS. 


Concurrent 

remedy. 


Emergency. 


may  be  awaided  against  the  appellant  in  such  sum  not  less 
than  two  hundred($20o)  dollars  and  with  such  security  as 
shall  be  approved  by  ajudgeof said  court, and  the  case  shall  be 
docketed  by  the  Clerk  of  such  court  in  the  name  of  the  per- 
son taking  such  appeal  against  said  City  or  Town  as  an  “ap- 
peal from  assessments.  ” Said  cause  shall  then  be  at  issue 
and  shall  have  preference  over  all  civil  cases  pending  in  said 
court  except  proceedings  under  the  act  relating  to  eminent 
domain  by  Cities  and  Towns,  actions  of  forcible  entry  and 
detainer.  Such  appeal  shall  be  tried  in  said  court  as  in  the 
case  of  equitable  causes  except  that  no  pleadings  shall  be 
necessary.  The  judgment  of  the  court  shall  be  either  to 
confirm,  modify  or  annul  the  assessment  in  so  far  as  the 
same  affects  the  property  of  the  appellant  from  which 
judgment  an  appeal  lie  to  the  Supreme  court  as  in  other 
causes  In  case  the  assessment  is  confirmed  the  fees  of  the 
clerk  of  the  City  or  Town  for  copies  of  the  record  shall 
be  taxed  against  appellant  with  other  costs. 

. Sec.  io.  This  act  shall  not  be  construed  as  repealing 
the  provisions  now  existing  in  any  City  charter  for  the  mak- 
ing of  new  assessments  or  re-assessments  but  shall  be  con- 
sidered as  providing  a concurrent  remedy  in  such  cases. 
And  any  City  whose  charter  provides  for  any  such  new  as- 
sessment or  re-assessment  may  proceed  either  under  such 
charter  provisions  or  under  this  act. 

Sec.  ri.  That  the  City  Council  of  any  City  which  is 
composed  of  two  or  more  Cities  which  have  been  or  may 
hereafter  be  consolidated  as  provided  by  law,  shall  have 
power  to  make  and  pass  all  necessary  ordinances,  orders 
and  resolutions  for  such  new  assessment  or  re-assessment 
where  the  improvement  for  which  an  alleged  assessment 
has  been  made  by  any  such  former  Cities  prior  to  the  con- 
solidation thereof  into  one  City,  and  to  fully  carry  out  and 
enforce  the  provisions  of  this  act. 

SEC.  12.  Whereas,  the  assessments  for  local  improve- 
ments in  Cities  of  this  State  have  in  several  instances  been 
set  aside  and  declared  void  for  irregularities,  and  no  ade- 
quate law  now  exists  for  re-assessments  ; therefore  an  emer- 
gency is  declared  to  exist,  and  this  act  shall  take  effect  and 
be  in  force  from  and  after  its  approval  by  the  Governor. 


GENERAL  LAWS  155 

CHAPTER  XXVIII,  LAWS  OF  1895,  P.  44. 

TO  VALIDATE  CERTAIN  INDEBTEDNESS. 

An  Act  to  enable  Counties,  Cities  and  Towns  to  validate 
certain  warrants  or  other  obligations  and  evidences  of 
indebtedness  on  the  part  of  such  Counties,  Cities  and 
Towns,  issued,  by  the  corporate  authorities  thereof  in 
excess  of  their  legal  authority,  and  declaring  an  emer- 
gency to  exist. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  i.  _ Any  County,  City  or  Town  in  the  State  Manner  of 
may  ratify,  in  the  manner  prescribed  in  this  act,  the  at-  ratifying, 
tempted  incurring  of  any  indebtedness  of  such  County, 

City  or  Town,  by  the  issuing  of  warrants,  making  of  con- 
tracts or  creations  of  other  evidences  of  indebtedness  on 
the  part  of  such  County,  City  or  Town  by  the  corporate  au- 
thorities thereof  at  any  time  prior  to  the  passage  of  this 
act,  when  the  only  ground  of  the  invalidity  of  such  indebt- 
edness so  to  be  ratified  is  that  at  the  time  of  such  attempted 
incurring  thereof,  the  same,  together  with  all  other  then  ex- 
isting indebtedness  of  such  County,  City  or  Town  exceeded 
one  and  one-half  per  centum  of  the  taxable  property  of 
such  County,  City  or  Town,  ascertained  by  the  last,  assess- 
ment for  State  and  County  purposes,  previous  to  the  at- 
tempted incurring  of  such  indebtedness,  except  that  in  in- 
corporated Cities  the  assessment  shall  be  taken  from  the 
last  assessment  for  City  purposes,  and  that  such  indebted- 
ness was  so  attempted  to  be  incurred  without  the  assent  of 
three-fifths  of  the  voters  therein  voting  at  an  election  held 
for  that  purpose. 

SEC.  2.  Whenever  the  corporate  authorities  of  any  such  Election  110- 
County,  City  or  Town  shall  deem  it  advisable  that  the  rati-  tice  of. 
fication  authorized  by  this  act  shall  be  obtained,  they  shall 
provide  therefor  by  ordinance  or  resolution  which  shall 
specify  separately  the  amount  of  each  distinct  class  of  such 
indebtedness  so  to  be  ratified,  the  date  or  period  of  the  at- 
tempted incurring  by  the  corporate  authorities  of  each  sep- 
arate class  thereof,  and  the  general  nature  of  the  indebted- 
ness comprised  in  each  such  distinct  class,  and  shall  pro- 
vide for  the  holding  of  an  election  for  that  purpose,  at 
which  the  attempted  incurring  of  such  indebtedness  shall 
be  submitted  to  the  voters  in  such  County,  City  or  Town 
for  ratification  or  approval,  of  which  election  notice  to  be 


GENERAL  LAWS. 


156 

provided  for  in  such  ordinance  or  resolution,  shall  be  given 
by  publishing  the  same  in  a newspaper  published  in  such 
County,  City  or  Town  once  a week  for  at  least  four  succes- 
sive weeks,  and  if  no  newspaper  is  published  in  such  City 
or  Town,  then  by  publishing  such  notice  for  the  same  period 
in  a newspaper  published  in  the  County  wherein  such  City 
or  Town  is  situated,  and  of  general  circulation  therein. 
Each  distinct  class  of  such  indebtedness  so  specified  shall 
be  the  subject  of  a distinct  vote  in  favor  of  or  against  the 
ratification  thereof,  and  such  vote  shall  designate  the  class 
of  indebtedness  referred  to  by  the  description  thereof  used 
and  the  amount  specified  in  the  ordinance  or  resolution. 

Three-fifths  SEC.  3.  If  at  an  election  held  as  provided  for  in  section 

vote  to  ratify,  two  ot  this  act,  tliree-fifths  of  the  voters  in  such  County, 
City  or  Town  voting  at  such  election  shall  vote  in  favor  of 
the  ratification  of  any  distinct  class  of  such  indebtedness 
specified  in  the  ordinance  or  resolution  providing  for  such 
election,  then  such  indebtedness  so  ratified  shall  thereby 
become  and  is  hereby  declared  to  be  validated  and  a bind- 
ing obligation  upon  such  County,  City  or  Town,  when  the 
only  ground  of  the  previous  invalidity  of  such  indebted- 
ness is  that  at  the  time  of  the  incurring  thereof  so  ratified 
the  same,  together  with  all  other  then  existing  indebted- 
ness of  such  County,  City  or  Town  exceeded  one  and  one- 
half  per  centum  of  the  taxable  property  in  such  County, 
City  or  Town,  ascertained  by  the  last  previous  assessment 
for  State  and  County  purposes,  (except  that  in  incorporated 
Cities  the  assessment  shall  be  taken  from  the  last  assess- 
ment for  City  purposes);  provided,  that  neither  anything  in 
this  act  contained,  nor  the  vote  cast  at  any  such  election 
shall  be  deemed  to  validate  or  authorize  any  indebtedness, 
which,  together  with  all  other  indebtedness  of  such  County, 
City  or  Town  existing  at  the  time  of  the  attempted  incur- 
ring of  the  same,  exceeded  any  constitutional  limitation  of 
indebtedness  which  might  be  incurred  with  the  assent  of 
tliree-fifths  of  the  voters  in  such  County,  City  or  Town 
voting  at  an  election  to  be  held  for  that  purpose;  and  pro- 
vided further,  that  this  act  shall  apply  only  to  indebtedness 
attempted  to  be  incurred  prior  to  the  passage  hereof. 

Sec.  4.  The  words  corporate  authorities  used  in  this 
act  shall  be  held  to  mean  the  legislative  or  managing  body 
of  any  County,  City  or  Town. 


GENERAL  LAWvS. 


157 


Sec.  5.  Whereas,  An  emergency  exists  for  the  imme- 
diate taking  effect  of  this  law;  therefore  this  act  shall  take 
effect  immediately.1 


CHAPTER  XCIII,  LAWS  1895,  P.  183. 

REDUCING  THE  CORPORATE  LIMITS  OF  ANY  CITY,  TOWN 
OR  VILLAGE. 

An  Act  to  provide  for  reducing  and  lessening  the  corporate 
limits  of  any  City,  Town  or  Village  in  this  State  and 
declaring  an- emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington  : 

Section  i.  That  the  boundaries  of  any  municipal  cor- 
poration may  be  altered  and  a portion  of  the  Territory 
thereof  excluded  therefrom  after  proceedings  had  as  requir- 
ed in  this  act.  Upon  receiving  a petition  therefor  signed 
by  not  less  than  one-fifth  of  the  qualified  electors  thereof, 
as  shown  by  the  votes  cast  at  the  last  municipal  election 
held  therein,  praying  the  City  Council  or  other  legislative 
body  to  submit  to  the  qualified  electors  of  said  corporation 
the  proposition  to  change  and  alter  the  corpoiate  limits  of 
said  City,  Town  or  Village  and  to  exclude  a portion  of  the 
Territory  therefrom,  setting  out  and  describing  the  Terri- 
tory to  be  excluded  therefrom  together  with  the  boundaries  of 
the  said  corporation  as  it  will  exist  after  such  change  is 
made,  the  City  Council  or  other  legislative  body  of  said  cor- 
poration shall  submit  to  the  electors  of  said  corporation  the 
question  whether  such  Territory  shall  be  excluded  from  said 
corporation  and  be  no  longer  a part  thereof.  Such  question 
shall  be  submitted  at  a special  election  to  be  held  for  that 
purpose,  and  said  legislative  body  shall  give  notice  thereof 
by  publication  for  at  least  four  weeks  prior  to  said  election 
in  some  newspaper  printed  and  published  in  said  corpora- 
tion. Such  notice  shall  distinctly  state  the  proposition  to 
be  submitted  and  shall  designate  specifically  the  Territory 
so  proposed  to  be  excluded  and  the  boundary  of  said  cor- 
poration after  said  alterations  of  its  boundaries  and  the  ex- 
clusion of  the  portion  of  the  Territory  therefrom  ; and  the 
electors  shall  be  invited  thereby  to  vote  upon  such  proposi- 
tion by  placing  upon  their  ballots  the  words  “for  reduction 


Boundaries 
m ay  be 
changed. 


Notice. 


In  effect  March  4,  1895. 


GENERAL  LAWS. 


of  corporate  limits’  ’ and  “against  reduction  corporate  limits” 
or  words  equal  thereto;  said  legislative  body  shall  also  bound 
and  designate  in  such  notice  the  names  of  the  officers  of 
election  and  the  place  or  places  at  which  the  polls  will  be 
opened  for  said  election.  Said  legislative  body  shall  meet 
on  the  Monday  next  succeeding  such  election  and  proceed 
to  canvass  the  votes  cast  thereat.  The  votes  cast  in  said 
corporation  shall  be  canvassed,  and  if  it  shall  appear  upon 
said  canvass  that  three-fifths  of  the  voters  voting  at  said 
election  shall  be  for  the  reduction  of  the  Territory,  said 
legislative  body  shall  by  an  order  entered  in  their  minutes, 
cause  their  clerk  or  other  officer  performing  the  duties  of 
clerk  to  make  and  transmit  to  the  Secretary  of  State  a certi- 
fied abstract  of  said  vote,  which  abstract  shall  show  the 
whole  number  of  electors  voting  in  said  corporation,  the 
number  of  votes  cast  for  the  reduction  of  Territory,  and  the 
number  of  votes  cast  against  the  reduction  of  Territory. 

Sec.  2.  The  City  Council  or  other  legislative  body  of 
said  corporation  shall  immediately  after  said  abstract  of 
votes  has  been  filed  with  the  Secretary  of  State  cause  to 
be  introduced  and  passed  an  ordinance  defining  and  fixing 
the  corporate  limits  of  said  corporation  as  set  out  and  de- 
fined in  the  petition  and  notice  of  election  as  referred  to  in 
section  one  of  this  act,  and  setting  forth  by  metes  and 
bounds  or  by  legal  sub-divisions  the  Territory  excluded 
from  said  corporation  and  declaring  said  Territory  no  longer 
a part  of  said  corporation. 

Altered  maps  SEC.  3.  That  immediately  after  the  passage,  approval 
shall  be  filed.  and  publication  of  said  ordinance  a copy  thereof,  duly  certi- 
fied by  the  clerk  of  said  corporation  or  other  officer  per- 
forming the  duties  of  clerk,  together  with  a man  and  plat 
showing  the  corporate  limits  of  said  corporation  as  altered 
and  changed,  shall  be  filed  and  recorded  in  the  office  of  the 
Count}’  Auditor  in  the  County  in  which  said  municipal  cor- 
poration is  situate.  Thereafter  the  boundary  of  said  cor- 
poration shall  be  as  set  forth  in  said  ordinance. 

Sec.  4.  . No  election  provided  for  in  this  act  shall  be 
held  within  ninety  days  next  preceding  any  general  election 
held  under  the  laws  of  the  State  of  Washington,  or  of  any 
general  municipal  election  held  under  said  laws  or  the  ordi- 
nances of  the  corporation.  Provided,  that  nothing  herein 
shall  be  construed  as  to  exempt  any  real  property  segregat- 


j 


15s 


Canvass  of 
votes. 


GENERAL  LAWS 


i59 


ed  by  the  provisions  of  this  act  from  taxation  for  the  pur- 
pose of  paying  any  outstanding  or  bonded  indebtedness  of 
any  such  City,  and  the  interest  of  any  such  indebtedness. 

Sec.  5.  There  being  no  law  or  provision  for  the  reduc- 
tion of  the  corporate  limits  of  municipal  corporations  in 
this  State,  an  emergency  is  declared  ; therefore,  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  approval 
bv  the  Governor. 


CHAPTER  CXIV,  LAWS  OF  1895,  P.  270. 

LIMITATION  OF  TIME  FOR  COMMENCEMENT  OF  ACTIONS 
FOR  COLLECTION  OF  SPECIAL  ASSESSMENT 
FOR  LOCAL  IMPROVEMENTS. 

An  Act  prescribing  the  time  within  which  actions  may  be 
brought  by  municipal  corporations  for  the  collection  of 
special  assessment  for  local  improvements. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington  : 

Section  i.  All  actions  by  municipal  corporations  to 
collect  any  special  assessment  for  local  improvement  of  any 
kind  against  any  person,  corporation  or  property  whatso- 
ever, or  to  enforce  any  lien  for  any  special  assessment  for 
local  improvement  of  any  kind  shall  be  commenced  within 
ten  years  after  said  assessment  shall  have  become  delinquent 
or  due,  and  within  ten  yeafs  after  the  last  installment  of 
any  such  special  assessment  shall  have  become  delinquent 
or  due,  when  said  special  assessment  is  payable  in  install- 
ments. 

Sec.  2.  There  being  no  law  on  the  subject  herein  con- 
tained, providing  for  the  limitation  of  actions  herein  pro- 
vided for,  an  emergency  is  declared  to  exist,  and  this  act 
shall  be  in  force  from  and  after  its  passage  and  approval  by 
the  Governor. 


CHAPTER  CXXXIV,  RAWS  OF  1895,  P.  345. 


Public  library 
how  estab- 
lished. 


Directors  to 
receive  dona- 
tions. 


To  provide 
room  and  li- 
brarian. 

Tax,  how 
levied. 


PUBLIC  LIBRARIES  IN  CITIES. 

An  Act  authorizing  the  establishment  of  public  libraries 

in  Cities. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  i.  That  whenever  three  or  more  resident  tax 
payers  of  any  City  in  this  State  having  a population  of  five 
thousand  or  more  people,  that  is,  any  City  of  the  first,  the 
second  or  the  third  class,  or  any  City  of  like  popidation  ex- 
isting under  special  legislative  charter,  shall  present  to  the 
Mayor  and  Council  of  such  City  their  petition  in  writing  for 
the  establishment  of  a public  library  in  said  City,  together 
with  their  private  agreement  to  donate  to  the  City,  within 
three  months  thereafter  for  the  use  of  such  library  one 
thousand  dollars  in  money  or  books,  the  said  Council  may 
appoint  three  reputable  citizens  of  said  City  to.  act  as  di- 
rectors of  the  public  library,  except  where  City  charters 
otherwise  provide  for  the  organization  and  management  of 
public  libraries. 

Sec.  2.  vSaid  directors  or  authorities  mentioned  in  City 
charter  to  manage  public  libraries,  are  authorized  to  receive 
from  said  petitions,  and  from  an}'  other  persons,  donations 
of  money  and  books  for  the  purpose  specified  in  the  pre- 
ceding section,  and  to  appraise  said  books,  and  when  they 
have  received  said  donations  to  the  value  of  $1,000,  they 
shall  report  that  fact  to  the  Council,  stating  how  much  of 
the  donation  is  in  money. 

SEC.  3.  Thereupon  it  shall  be  the  duty  of  the  Council 
to  provide,  at  the  expense  of  the  City  until  the  beginning 
of  the  next  fiscal  year  of  the  City,  a suitable  room  and  li- 
brarian for  such  public  library. 

Sec.  4.  The  City  Council  of  every  such  City  after  the 
directors  have  made  the  report  mentioned  in  the  second  sec- 
tion of  this  act,  annually  at  the  same  time  and  in  the  same 
manner  as  other  City  taxes  are  levied,  may  levy  a tax  of 
not  more  than  one-half  mill  on  the  dollar  for  the  support  of 
such  library.  The  money  so  raised  shall  be  kept  as  a sepa- 
rate fund  to  be  known  as  the  library  fund,  and  shall  be  dis- 
bursed for  library  purposes  only. 

Sec.  5.  It  shall  be  the  duty  of  the  officers  of  the  City, 
who  are  authorized  by  law  to  draw  warrants  upon  the  City 


Warrants. 


GENERAL  LAWS. 


161 


treasury,  to  draw  upon  the  library  fund  such  warrants  as 
the  directors  or  a majority  of  them,  shall  direct  that  no 
warrants  be  drawn  against  said  library  fund  when  there  is 


Se  a 6.  The  three  directors  first  appointed  shall  deter-  Term  of  di- 
mine the  length  of  their  terms  of  office  by  lot,  reporting  rectors, 
the  result  thereof  to  the  City  Council.  The  term  of  one 
thereof  shall  expire  at  the  same  time  as  that  of  the  Mayor 
in  office  at  the  time  of  their  appointment,  the  term  of  a 
second  shall  expire  one  year  later,  and  that  of  the  third 
two  years  later  than  that  of  the  first.  Whenever  a director’s 
term  of  office  shall  expire,  it  shall  be  the  duty  of  the  Coun- 
cil to  appoint  his  successor,  who  shall  hold  office  for  three 
years. 

Sfx.  7.  Every  director  before  entering  upon  the  duties  Bond  of  di- 
of  his  office,  shall  file  writh  the  City  Clerk  a bond  with  suf-  rectors, 
ficient  sureties,  to  be  approved  by  the  Council,  conditioned 
upon  the  faithful  performance  of  the  duties  of  his  office. 

Such  bond  shall  be  in  the  penal  sum  of  $2., 000,  and  shall  be 
payable  to  the  City.  No  director  shall  receive  any  com- 
pensation for  his  services. 


SEC.  8.  The  directors  of  the  public  library  shall  have  Duties  of  di- 


fix their  compensation.  They  shall  attend  to  the  selection, 
purchase  and  preservation  of  books  and  other  property  for 
the  library,  and  may  make  rules  for  its  government  not  in 
conflict  with  law.  They  shall,  so  far  as  the  funds  at  their 
disposal  shall  warrant,  keep  the  library  open  at  reasonable 
hours  throughout  the  year.  They  may  direct  warrants  on 
the  Treasurer  to  be  drawn,  and  may  expend  all  money  be- 
longing to  the  library  fund,  including  the  donations  men- 
tioned in  the  first  and  second  sections  of  this  act  ; pro- 
vided, that  if  any  money  or  funds  be  donated  to  the  library, 
or  to  the  Citv  for  it,  upon  condition  that  only  the  income 
thereof  shall  be  used,  the  directors  shall  not  expend  any 
part  of  the  principal  thereof;  but  they  may  invest  the 
principal  under  the  direction  and  with  the  approval  of 
the  City  Council;  provided  further,  that  the  directors  shall 


or  the  library.  They  shall  on  the  last  Monday  preceding 


no  money  therein. 


belonging  to  the  library  fund.  'They  shall,  when  the  same 
are  not  furnished  by  the  City,  provide  and  furnish  suitable 
rooms,  and  shall  appoint  all  librarians  and  assistants,  and 


sole  control  of  the  library,  and  shall  disburse  the  money  rectors. 


have  no  power  to  create  any  indebtedness  against  the  City 


, 


162 


GENERAL  LAWS. 


Free  access 
to  library. 


the  expiration  of  the  term  of  a director,  make  an  annual 
report  to  the  Mayor  and  Council  of  the  conditions  and  needs 
of  the  library,  with  a detailed  statement  of  the  receipts  and 
expenditures  during  the  year. 

Sec.  9.  All  inhabitants  of  the  City  shall  enjoy  the 
use  of  the  library  without  charge;  provided,  however,  that 
the  directors  may  exclude  from  the  library  rooms  disorderly 
persons,  persons  who  violate  the  rules  established  by  the 
directors  and  persons  of  bad  repute,  and  may  require  se- 
curitv  for  the  care  and  return  of  books  taken  from  the  room. 


CHAPTER  CLII,  LAWS  OF  1895,  P.  379. 

RELATING  TO  PAYMENT  OF  WARRANTS. 

An  Act  prescribing  the  duties  of  County  Treasurers,  and 
Treasurers  of  municipalities  in  regard  to  the  payment 
of  warrants  and  providing  a penalty  for  the  violation 
thereof. 

Be  it  enacted  by  the  Legislature  of  the  State  of  \\  ashington  : 

Section  i.  Whenever  the  Treasurer  of  any  County, 
Citv,  Town  or  other  municipality  shall  have  in  his  hands, 
as  such  Treasurer  the  sum  of  five  hundred  dollars,  belong- 
ing to  any  fund  upon  which  warrants  are  outstanding,  it 
shall  be  his  duty  to  make  a call  for  such  warrants  to  that 
amount  in  the  order  of  their  issue,  and  he  shall  cause  such 
call  to  be  published  in  some  newspaper  printed  or 
published  in  the  County,  City,  Town  or  other  inunici- 
palitv,  as  the  case  may  be,  in  the  first  issue  of  such 
newspaper  after  such  sum  shall  have  been  accumulated,  and 
if  there  be  no  such  newspaper,  then  such  call  shall  be  post- 
ed in  three  conspicuous  places  in  such  County,  City,  Town 
or  other  municipality,  and  such  call  shall  describe  by  num- 
ber the  warrants  so  called,  and  specify  the  funds  upon 
which  the  same  were  drawn  ; provided,  that  the  Commis- 
sioners of  anv  County  or  the  Council  or  other  governing 
body  of  any  City,  Town  or  other  municipality  may  prescribe 
a less  sum  than  five  hundred  dollars  upon  the  accumulation 
of  which  such  call  shall  be  made  as  to  any  particular  fund. 
And  provided  further,  that  if  the  warrant  longest  outstand- 
ing on  any  fund  shall  exceed  the  sum  of  five  hundred  dol- 


lars  or  shall  exceed  the  sum  fixed  by  the  County  Commis- 
sioners or  other  governing  board,  then  no  call  need  be  made 
for  warrants  on  such  fund  until  the  amount  due  on  such 
warrants  shall  have  accumulated  ; And  provided  further, 
that  no  more  than  two  calls  shall  be  made  by  any  Treasurer 
in  anv  one  month  ; and  provided  further,  that  it  shall  be 
the  duty  of  any  such  Treasurer  to  pay  on  demand  in  the 
order  of  their  issue  any  warrants  when  there  shall  be  in  the 
treasury  sufficient  funds  applicable  to  such  payment. 

Sec.  2.  Any  such  Treasurer  who  shall  knowingly  fail 
to  call  for  or  pay  any  warrant  in  accordance  with  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a misdemeanor 
and  on  conviction  thereof  shall  be  fined  not  less  than 
twentv-five  dollars,  nor  more  than  five  hundred  dollars,  and 
such  conviction  shall  be  sufficient  cause  for  removal  from 
office. 


164 


ORDINANCES  OK  THE 


CITY  ORDINANCES 


ORDINANCE  NO.  i. 

AN  ORDINANCE  ADOPTING  A NAME  AND  PROVIDING  A SEAD  FOR  THE 
CITY  OF  WALLA  WALLA. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

SECTION  i.  This  City  shall  be  named  the  City  of  Walla  Walla. 

SEC  2 The  corporate  seal  heretofore  used  by  the  said  City  under 
r r charter  is  hereby  adopted  and  declared  the  corporate  seal  of 
S the  -me  sLll  be  used  to  authenticate  all  acts  of 

this  corporation.  , 

SEC  3.  The  seal  of  the  City  shall  be  kept  by  the  City  Clerk,  an 
t,v  him  affixed  to  all  acts  requiring  to  be  so  authenticate  . 

' SEC.  4.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council,  August  15,  i878- 


Approved,  August  16,  1878. 

JAMES  Me AU LIEF, 


C.  E.  WHITNEY, 

Citv  Clerk, 


CITY  OF  WALT  A WALLA. 


165 


ORDINANCE)  NO.  2. 

AN  ORDINANCE  DEFINING  OFFENSES  AND  FIXING  THE  PUNISHMENT 

thereof. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

SECTION  i.  Any  person  who  shall  engage  in,  transact  or  carry  on 
any  business,  trade  or  occupation,  within  the  corporate  limits  of  the 
City  of  Walla  Walla,  for  which  a license  is  required,  bv  any  ordinance, 
without  having  first  obtained  such  license,  shall,  upon  conviction  there- 
of, before  any  Justice  of>the  Peace  in  said  City,  be  fined  in  any  sum  not 
less  than  the  amount  of  shch  license  nor  more  than  one  hundred  dollars. 

SEC.  2.  No  nuisance  shall  be  caused,  erected,  established  or  suf- 
fered within  the  limits  of  said  City.  Every  accumulation  of  filth  or 
rubbish,  throwing  or  placing  any  bottles,  broken  glass,  iron  hoops  or 
any  substance  that  may  be  liable  to  cause  injury  to  person  or  property, 
or  that  shall  cause  offensive  or  unwholesome  odors  or  smells,  in  any 
street  or  alley,  or  on  any  sidewalk,  except  such  as  may  be  temporarilv 
permitted  by  the  City  Council,  for  the  purpose  of  erecting  buildings  or 
making  improvements;  and  every  obstruction  placed  in  the  channel  of 
Mill  creek,  or  any  act  which  may  cause  an  overflow  or  divert  the  water 
of  said  creek  from  its  natural  channel,  and  whatever  is  indecent  or  offen- 
sive to  the  senses,  or  an  obstruction  to  the  free  use  of  property,  so  as  to 
essentially  interfere  with  the  enjoyment  of  life  or  property,  within  said 
City,  shall  be.  deemed  a nuisance,  and  every  person  who  shall  cause  or 
create  a nuisance  shall,  on  conviction  thereof,  be  fined  in  any  sum  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars  for  every  such 
offense.  Every  trade,  business  or  occupation  which  shall  cause  or  gen- 
erate odors  offensive  to  the  senses  or  injurious  to  health;  everv  privv  or 
water  closet  which  shall  emit  or  give  out  offensive  odors,  every  pit  or 
vault  over  which  a water  closet  shall  have  stood,  which  shall  have  been 
destroyed  by  fire  or  otherwise  removed;  everv  well  which  may  be  left 
open  by  fire,  or  which  shall  not  be  properly  curbed,  unless  the  same 
shall  be  within  an  enclosure,  shall  be  deemed  a nuisance  under  this 
ordinance,  and  every  person  who  shall  create  or  cause  such  nuis- 
ance or  shall  suffer  such  nuisance  to  exist  or  remain  on  property  or 
premises  owned,  controlled  or  occupied  by  him  or  her,1  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  less  than  five  nor  more  than 
fifty  dollars  for  the  first  offense,  and  shall  further  be  liable  to  a fine  of 
ten  dollars  for  each  day  that  such  nuisance  shall  remain  thereafter. 

Sec.  3.  Every  person  who  shall  throw  or  discharge  any  manure, 
)ffal  or  other  offensive  matter,  except  ordinary  drainage,  into  the  waters 


1 As  amended  by  ordinance  No.  102. 


1 66  ORDINANCES  OF  THE 


of  Mill  creek,  or  any  other  stream  of  water  in  said  City,  upon  convic- 
tion thereof,  shall  be  fined  in  any  sum  not  less  than  five  nor  more  than 
one  hundred  dollars  for  each  and  every  such  offense. 

SEC.  4.  No  person  shall  place  or  throw  any  substance  whatever 
into  the  water  flumes  running  through  Main  street,  or  into  any  other 
covered  flume  in  said  City,  unless  by  permission  of  the  Citv  Council,  or 
in  any  manner  obstruct  the  water  running  through  such  flume,  and 
everv  person  convicted  thereof,  shall  be  fined  in  any  sum  not  less  than 
ten  nor  more  than  fiftv  dollars  for  each  offense. 

SEC.  5.  No  person  shall  remove  any  covering  from  any  water  flume 
nor  tap,  nor  divert  any  water  from  any  flume  in  said  City,  without  first 
obtaining  the  written  consent  of  the  City  Council;  and  every  person 
convicted  thereof  shall  be  fined  in  any  sum  not  less  than  ten  nor  more 
than  fifty  dollars  for  each  offense. 

SEC.  6.  Even  person  who  shall  keep  any  dancing  house,  drinking 
house,  or  other  house  or  establishment,  in  a disorderly  manner,  or  who 
shall  suffer  or  permit  any  riotous  or  disorderly  conduct  in  any  house 
kept  or  controlled  by  him  or  her,  to  the  disturbance  or  annoyance  of 
any  of  the  inhabitants  of  said  City,  shall  upon  conviction  thereof,  be 
fined  in  any  sum  not  less  than  ten  nor  more  than  one  hundred  dollars 
for  each  offense. 

SEC.  7.  No  person  or  persons  shall  run  or  race  horses  or  mules,  nor 
ride  or  drive  any  horse,  or  mule  or  ass,  at  a greater  rate  of  speed  than 
six  miles  an  hour,  nor  in  such  a manner  as  to  endanger  person  or  prop- 
erty within  the  limits  of  said  City;  and  every  person  convicted  thereof 
shall  be  fined  in  any  sum  not  less  than  five  nor  more  than  fifty  dollars 
for  each  offense. 

SEC.  8.  No  person  shall  ride,  drive  or  lead  any  horse,  mule,  ass,  ox 
or  cow  brute  on  any  sidewalk  in  said  City,  or  over  any  foot-bridge  across 
Mill  creek,  nor  obstruct  any  crosswalk  in  any  street  or  alley,  by  stopping 
or  standing  any  horse  or  wagon  or  other  vehicle,  across  the  same;  and 
every  person  convicted  thereof,  shall  be  fined  in  any  sum  not  less  than 
five  nor  more  than  fifty  dollars  for  each  offense. 

SEC.  9.  No  person  shall  discharge  any  fire  arms  within  the  cor- 
porate limits  of  said  City,  or  in  any  angry  or  threatening  manner  draw 
or  attempt  to  draw  or  exhibit  in  a crowd  of  two  or  more  persons,  any 
pistol,  knife  or  dangerous  or  deadly  weapon  whatever,  nor  except  in 
necessary  self  defense,  engage  in  any  fight,  nor  engage  in  any  brawl, 
riot,  tumultuous  assembly  or  disturbance  of  the  peace  nor  conduct  him- 
self in  a disorderly  manner,  and  every  person  convicted  of  violating  this 
section  shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars, 
and  may  also  be  imprisoned  for  any  time  not  exceeding  thirty  days. 


CITY  OF  WALLA  WALLA. 


167 


And  the  exhibiting,  drawing  or  attempting  to  draw,  in  any  angry  or 
threatening  manner  in  a crowd  of  two  or  more  persons,  any  pistol  or 
knife,  or  other  dangerous  or  deadly  weapons,  shall  also  work  a forfeiture 
of  said  weapons  to  the  said  City,  which  forfeit  re  shall  be  declared  by 
the  Justice  of  the  Peace,  and  entered  as  part  of  the  judgment  and  con- 
viction, and  such  weapon  shall  be  ordered  by  the  Justice  of  the  Peace, 
to  be  sold  by  the  City  Marshal  at  public  auction  to  the  highest  bidder; 
one-fourth  the  proceeds  of  the  same  to  go  to  the  officer  making  the  ar- 
rest, and  the  remainder  to  the  City. 

Sec.  10.  No  person  shall  indecently  expose  his  person  in  any  pub- 
lic place  within  the  corporate  limits  of  said  City;  and  every  person  con- 
victed thereof  shall  be  fined  in  any  sum  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec  11.  No  person  shall  place  Jupon,  over  or  adjacent  to  any  side- 
walk within  the  City  of  Walla  Walla  any  substance  whatever,  nor  dig 
nor  cause  to  be  dug  any  hole  therein,  nor  injure  any  sidewalk  in  any 
way,  nor  shall  any  person  occupying  any  premises  abutting  any  side- 
walk in  said  City,  suffer  or  permit  the  sidewalks  adjacent  to  the  prem- 
ises occupied  by  him  to  become  or  remain  obstructed  as  aforesaid,  ur  any 
hole  to  remain  therein  or  the  same  to  be  out  of  repair  so  as  to  endanger 
travelers  ; provided  that  posts  on  the  curb  of  the  sidewalk,  not  exceed- 
ing in  diameter  one  foot,  with  lamps  securely  fixed  thereto  ; awnings  of 
light  material  securely  fastened  as  much  as  eight  feet  above  the  side- 
walk ; goods  and  merchandise  exhibited  for  signs  not  offensive  to  the 
senses  nor  dangerous  to  travel,  nor  placed  in  such  a way  as  to  obstruct 
the  view  to  the  signs  and  goods  of  occupants  adjacent,  and  all  goods  in 
transit  from  and  to  the  street,  and  all  obstructions  permitted  to  builders 
are  not  obstructions  within  the  meaning  of  this  section  and  are  excepted 
out  of  the  operation  of  the  same.  Any  person  violating  this  section 
shall  be  punished  by  a fine  not  exceeding  twenty  dollars  and  be  liable 
to  all  damages  any  person  may  suffer  by  reason  of  such  violation. 

Sec.  12.  Every  person  who  shall  be  found  lying  on  the  street  or 
any  sidewalk,  or  other  public  grounds  in  said  City,  drunk  or  intoxicated, 

. or  who  shall  when  being  drunk  or  intoxicated,  be  incapable  of  taking 
care  of  himself  of  herself,  or  act  in  a disorderly  manner,  shall  be  ar- 
rested and  held  in  custody  until  he  or  she  become  sober,  and  shall  then 
be  taken  before  a Justice  of  the  Peace  in  said  City,  for  hearing  and  trial, 
and  if  convicted  shall  be  fined  in  any  sum  not  exceeding  twenty-five 
dollars. 

Sec.  13.  No  person  shall  fail  or  refuse  to  assist  at  any  fire,  when 
q called  up  on  so  to  do  by  any  foreman  or  assistant  foreman  of  a fire  com- 


1 as  amended  by  Ordinance  No  165. 


ORDINANCES  OF  THE 


1 68  

PR„V,  Warden  or  City  Marshal  or  policeman,  unless  such  person  shall  be 
a physician  engaged  in  the  duties  of  his  profession,  or  a person  phys.. 
callv  unable  to  render  such  assistance;  and  every  person  who  sha  so  le. 

fuse  or  fail  to  render  such  assistance  when  so  called  upon,  shall  upon 

conviction  thereof,  be  fined  in  any  suui  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense. 

SKC  14  No  person  shall  knowingly  or  wilfully  resist  the  City 
Marshal* or  any  policeman,  or  other  City  office,  When  engaged  in  the  dis- 
charge of  the  duties  of  his  office,  and  every  person  so  offending  snail 
upon  conviction  thereof,  be  fined  in  any  fum  not  exceeding  one  hundred 
dollars,  to  which  may  be  added  imprisonment  for  any  time  not  exceei  - 
ing  thirty  days. 

SBC  15  No  person  shall  hinder,  prevent  or  obstruct  any  City  offi- 
cerhaving process  in  his  hands  for  service,  issued  under  or  by  virtue  of 
anv  City  ordinance,  from  making  any  arrest,  nor  aid  or  assist  any  person 
who  shall  have  been  arrested  to  make  his  escape,  nor  refuse  to  assist  any 
such  officer  in  making  an  arrest,  when  called  upon  so  to  do,  or  to  render 
such  assistance  as  may  be  necessary  to  hold  any  person  custody  who 
shall  have  been  arrested,  unless  there  be  actual  danger  of  great  bodily 
injury  ill  rendering  such  assistance  ; and  every  person  convicted  of  a 
violation  of  this  section  shall  be  fined  in  any  sun,  not  exceeding  one 
hundred  dollars.  . 

Sec.  16.  No  person,  unless  by  permission  of  the  City  Council, shal 
stock  store  or  deposit  any  hay,  unthreshed  grain  or  straw  on  any  lot  111 
said  City  unless  the  same  be  enclosed  and  under  a wooden  or _ other 
secure  cover  ; and  every  person  convicted  thereof  shall  be  fined  111  the 

sum  of  five  dollars  for  the  first  offense,  and  ten  dollars  for  the  second 

offense,  and  five  dollars  for  every  day  thereafter  that  the  same  shall  so 
remain  unenclosed  or  uncovered. 

Sec  17.  No  person  shall  make  or  cause  any  false  alarm  of  fire 
either  by  ringing  the  fire  bell,  crying  fire  or  otherwise  ; and  every  per- 
son convicted  thereof  shall  be  fined  in  any  sum  not  less  that  five  nor 

more  than  fifty  dollars,  or  imprisonment  for  any  time  not  exceeding 

SBC  lS.  It  shall  be  the  duty  of  every  person  who  shall  be  engaged 
in  or  carrying  on  the  business  of  blacks,,, idling,  assaying  or  . any  busi- 
ness where  charcoal  is  burned  in  any  forge,  furnace  or 
spark  catcher  to  be  approved  by  the  fire  warden.  0,1  the  top  rf  - 
chimuey  or  flue  used  for  the  purpose;  and  every  perso n who ^ hall 
neglect  to  place  such  spark  catcher  011  his  chimney  or  r ue 
after  being  notified  so  to  do  by  the  City  Marshal,  or  fire  ward  n shal  , 
upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding  fifty  do  . 

for  each  offense. 


CITY  OF  WALLA  WALLA. 


169 


SEC.  19  Any  person  or  persons  who  shall  ride  or  drive  any  horse, 
mare,  cow,  steer  or  other  animal  across  any  of  the  bridges  that  cross 
Mill  creek,  and  within  the  corporate  limits  of  the  City  of  Walla  Walla, 
faster  than  a walk,  on  conviction  thereof  shall  be  liable  to  a fine  of  five 
dollars  for  each  and  every  offense,  and  the  City  Marshal  or  any  of  his 
deputies,  or  any  City  policeman,  is  authorized  and  required  to  arrest  all 
persons  so  offending,  and  take  them  before  the  Justice  of  the  Peace  for 
the  City  for  trial  ; provided,  however,  that  a painted  sign  has  first  been 
placed  on  said  bridge,  warning  all  persons  of  this  penalty. 

Sec.  20.  Any  person  who  shall  leave  any  team  of  horses  or  mules, 
or  any  horse  or  mule  attached  to  any  kind  of  a vehicle,  or  any  saddle 
horse  or  mule,  within  said  City,  without  first  securely  hitching  the  same 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding  twenty 
dollars  ; and  if  any  such  team,  horse  or  mule,  not  being  securely  fasten- 
ed or  hitched,  shall  run  away  and  through  auv  street  or  alley,  or  shall 
travel  through  any  such  street  or  alley  at  such  rate  of  speed  as  shall 'en- 
danger person  or  property,  the  owner  or  person  having  charge  of  such 
team,  horse  or  mule,  and  failing  or  neglecting  so  to  hitch  or  fasten  the 
stime,  shall  be  fined  in  any  sum  not  less  than  twenty  npr  more  than  fifty 
dollars. 

Sec.  2 1.  No  perso‘11  shall  within  the  City  limits,  ignite,  fire  off,  or 
explode  any  torpedo,  fire-rocket,  fire-cracker  or  other  combustible 
material  or  substance,  except  on  national  holidays,  and  then  by  permis- 
sion of  the  City  Marshal  only,  and  in  his  presence  or  in  the  presence  of 
a policeman  ; and  every  person  convicted  thereof  shall  be  fined  in  any 
sum  not  less  than  five  nor  more  than  twenty  dollars  for  each  offense. 

Sec.  22.  Any  person  who  shall,  within  the  corporate  limits  of  said 
City,  in  a rude,  angry  or  insolent  manner,  unlawfully  touch,  strike  or 
beat  another,  shall  be  deemed  guilty  of  an  assault  and  battery,  and  on 
conviction  thereof  shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars. 

Sec.  23.  Every  person  who  shall,  within  the  corporate  limits  of 
said  City,  in  a rude,  angry  or  insolent  manner,  attempt  unlawfully  to 
strike  or  beat  another,  shall  be  deemed  guilty  of  an  assault,  and  on  con- 
viction thereof,  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars 

Sec.  24.  Any  two  or  more  persons  who  shall,  by  mutual  consent 
or  agreement,  fight  together  in  any  public  place  in  said  City,  shall  be 
deemed  guilty  of  an  affray  ; and  on  conviction  thereof,  shall  be  fined 
any  sum  not  exceeding  fifty  dollars 

Sec.  25.  Every  person  who  shall,  in  the  night  time,  in  said  City, 
make  any  loud,  unusual  or  alarming  noise  to  the  disturbance  of  the  in- 
habitants of  said  City,  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  fifty  dollars. 


170 


ORDINANCES  OF  THE 


Sec.  26  Every  owner,  lessee,  tenant,  occupant  or  person  having 
possession  or  control  of  any  lands  or  premises  within  the  limits  of  said 
City,  who  shall,  knowingly  or  wilfully,  suffer  any  Canada  or  Chinese 
thistles  to  grow  or  be  thereon,  or  in  any  alley,  street  or  public  highway 
adjoining  said  lands  or  premises,  and  nearer  thereto  than  the  center  of 
said  alley,  street  or  highway,  or  who  being  notified  by  the  City  Marshal 
of  the  existence  of  such  thistles  on  or  within  said  distance  from  his 
premises,  shall  refuse,  fail  or  neglect  to  destroy  the  same  by  burning  or 
otherwise,  within  three  days  after  such  notice,  and  every  person  who 
shall  scatter  or  cause  to  be  scattered  any  seeds  of  such  thistles  within 
said  City  limits  shall  be  deemed  guilty  of  an  offense,  and  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  exceeding  ten  dollars. 

SEC.  27.  No  person  shall  carry  any  concealed  weapons  within  the 
corporate  limits  of  the  City  of  Walla  Walla,  and  any  person  convicted 
thereof  shall  be  fined  in  any  sum  not  less  than  five  or  more  than  twenty- 
five  dollars;  and  such  weapons  shall  be  confiscated  and  forfeited,  and  it 
shall  be  the  duty  of  the  Marshal,  his  Deputies  and  the  Policemen  of  the 
City,  upon  being  satisfied,  by  verbal  complaint  or  other  information, 
that  any  person  is  carrying  any  w-eapon  concealed  upon  his  person,  to 
arrest  and  search  such  person,  and  if  anv  such  wTeapon  is  found,  to  take 
the  same  and  convey  such  person  before  a Justice  of  the  Peace  and 
make  complaint  against  him,  and  upon  his  conviction,  to  sell  such 
w eapon  at  auction  to  the  highest  bidder,  and  pay  the  proceeds  into  such 
Justice’s  court.  All  sheath  or  bowie  knives,  pistols  and  pocket  knives 
with  blades  more  than  four  inches  long,  also  all  sling-shots,  metal 
knuckles,  clubs,  sticks  or  other  instruments,  capable  of  inflicting  great 
bodily  injury,  shall  be  deemed  weapons  within  the  meaning  of  this  sec- 
tion when  carried  either  wholly  or  partially  concealed;  provided,  that 
this  section  shall  not  apply  to  the  City  Marshal,  his  "Deputies,  or  Police- 
men, or  City  Watchmen,  or  private  watchmen  employed  as  such 
by  private  citizens,  nor  the  Sheriff,  Deputy  Sheriff,  or  any  Con- 
stable of  Walla  Walla  County,  or  to  any  person  temporarily  sojourning 
in  the  City  for  a period  of  not  exceeding  five  days’  prior  to  the  filing  of 
the  complaint,  but  in  110  case  shall  it  be  necessary  to  specif}-  in  the  com- 
plaint that  the  accused  does  not  belong  to  the  excepted  classes  herein 
specified. 

Sec.  2S.  Whenever  any  person  is  convicted  of  any  offense  under  or 
against  the  laws  or  any  ordinance  of  the  City,  or  for  a violation  of  any 
ordinance  of  said  City,  and  a fine  is  assessed  or  adjudged  against  such 
person,  the  Justice  of  the  Peace  having  jurisdiction  of  thd  cause  shall 
also  adjudge  and  enter  up  as  a part  of  the  judgment,  that  unless  such 
line,  costs  and  expenses  of  prosecution,  including  City  Attorney’s  fees, 
be  immediately  paid  into  court  or  secured  as  provided  by  ordinance,  the 
defendant  shall  be  committed  to  the  City  jail  until  the  same  be  paid,  or 


CITY  OF  WALLA  WALLA. 


171 


the  defendant  otherwise  discharged  according  to  law;  provided,  that 
‘such  fines,  costs  and  expenses  may  be  committed  and  discharged  at  the 
rate  of  three  dollars  per  day  for  each  day  that  such  person  may  so  re- 
main in  jail,  but  110  part  or  portion  thereof  less  than  the  whole  can  be 
so  discharged.  And  the  City  Marshal  is  hereby  empowered  and  re- 
quired to  work  all  persons  so  imprisoned  on  the  public  streets  of  the 
City,  during  the  time  they  are  so  imprisoned,  under  the  direction  of  the 
Street  Commissioner. 

Sec.  29.  It  shall  be  the  duty  of  the  City  Marshal  of  said  City  to  in- 
carcerate and  hold  in  custody  in  the  City  jail,  any  and  every  person  who 
may  be  ordered  or  adjudged  to  be  committed  to  said  jail  by  the  Justice 
of  the  Peace  for  said  City,  either  as  a penalty  for  any  offense  or  for  non- 
payment of  any  fine,  costs  and  expenses,  or  either  of  them,  and  to  hold 
such  persons  in  custody  in  said  jail  until  duly  discharged  according  to 
law.  And  if  the  Marshal,  his  deputies,  or  any  policeman  of  said  City 
shall  wilfully  fail,  neglect,  or  refuse  to  execute  any  writ  of  commitment 
duly  issued,  or  any  order  in  writing  of  such  Justice  of  the  Peace  duly 
made,  he  shall  be  deemed  guilty  of  neglect  of  official  duty,  and  shall, 
upon  conviction  thereof,  be  fined  in  any  sum  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars,  and  be  held  liable  on  his  offi- 
cial bond. 

SEC  30.  Whenever  it  shall  be  necessary  for  the  Marshal  or  any 
policeman  to  abate  any  nuisance  the  owner  or  agent  of  the  property 
whereon  such  nuisance  exists  shall  be  liable  for  all  costs  and  expenses 
attending  the  removal  or  abatement  thereof ; and  if  the  article  or  thing 
removed  consists  of  personal  property,  such  costs  and  expenses  shall 
constitute  and  be  a lien  upon  the  same,  and  it  may  be  sold  by  such  offi- 
cer at  public  auction,  and  the  proceeds  of  such  sale  applied  in  satisfac- 
tion or  part  satisfaction,  as  the  case  may  be,  of  such  costs  and  expenses 

SEC.  31.  Any  and  every  term  in  this  or  any  other  City  ordinance 
implying  one  only,  when  necessary  to  carry  out  the  sense  or  spirit  of 
such  ordinance,  shall  be  construed  to  mean  two  or  more,  and  even- 
term  implying  two  or  more  shall  be  construed  to  mean  but  one.  when 
such  construction  shall  be  necessary  as  aforesaid,  except  always  when 
two  or  more  are  necessary  to  constitute  an  offense  ; and  any  term  im- 
plying sex  shall,  when  necessary,  be  construed  to  mean  both  or  either 
sex. 

Sec.  32.  Any  person  who  shall  tun  any  velocipede  on  the  sidewalks 
of  the  City  shall  be  fined  in  a sum  not  exceeding  five  dollars,  and  be  im- 
prisoned until  such  fine  is  paid. 

Sec.  33.  The  Mayor,  whenever  in  his  opinion  the  interests  of  the 
City  shall  require  it,  or  upon  good  cause  shown,  may'  upon  such  terms 
as  he  may  think  proper,  pardon  or  commute  any  offense,  and  release 


172 


ORDINANCES  OF  THE 


any  person  who  may  have  been  committed,  for  the  violation  of  any 
City  ordinance  ; and  his  order  to  that  effect,  signed  by  him,  and  coun- 
tersigned by  the  Justice  before  whom  such  person  was  convicted,  shall 
be  sufficient  authority  to  the  jailer  or  any  officer  having  such  person  in 
charge  or  custody,  for  such  release,  upon  such  terms  as  in  such  order 
shall  be  specified  and  provided. 

SBC  34.  This  ordinance  shall  be  in  force  atid  take  affect  from  and 
afer  its  passage  and  publication. 


Passed  the  Common  Council  August  15,  187S. 


Approved,  August  16,  1878. 

JAMES  Me  AUDI  FT, 

Mayor, 


C.  E.  WHITNEY, 

City  Clerk, 


ORDINANCE  NO.  4. 

AN  ORDINANCE  DEFINING  THE  DUTIES  OF  JUSTICE  OF  THE  PEACE  FOR 

THE  CITY. 

The  City  of  Walla  Walla  does  Ordai?i  as  follows: 

Section  i.  The  Justice  of  the  Peace  for  the  City  shall  be  a conser- 
vator of  the  peace  within  the  limits  of  the  City,  and  shall  have  exclusive 
jurisdiction  of  complaints  for  the  the  violation  of  all  City  ordinances, 
and  all  suits  on  bail  bonds  in  favor  of  the  City,  not  exceeding  one  hun- 
dred dollars,  and  he  shall  have  such  other  power  and  jurisdiction,  as  may 
be  conferred  by  law  or  ordinance. 

SEC.  2.  The  Justice  of  the  Peace  of  the  City  shall,  before  exercis- 
ing any  of  the  functions  of  his  office  as  such,  give  a bond  to  the  City  in 
the  penal  sum  of  three  hundred  dollars,  conditioned  to  the  faithful  dis- 
charge of  his  duties  according  to  law,  which  bond  shall  be  approved  by 
the  board  of  Common  Council. 

Sec.  3.  The  said  justice  must  keep  a proper  account,  in  a book 
provided  for  the  purpose,  of  all  fines,  costs  or  other  moneys  received  bv 
him  when  acting  by  or  under  the  authority  of  the  City  charter,  and 
must  pay  to  the  City  Treasurer. monthly, all  such  moneys, and  take  dupli- 
cate receipts  therefor,  one  of  which  he  must  file  with  the  Clerk  ; he  shall 
also  make  a monthly  report  of  all  cases  heard  by  him  in  which  the  City 
is  interested,  and  a semi-annual  report  at  the  first  regular  meeting  of  the 
Council  in  December  amPJune  of  all  cases  heard  by  him,  the  fines  there- 
in, and  what  disposition  was  made  thereof. 


CITY  OF  WALLA  WALLA. 


till 


173 

Skc.  4.  Upon  complaint  made  on  oath  before  him  charging  any 
person  with  a violation  of  any  City  ordinance,  he  shall  issue  his  war- 
rant for  the  arrest  of  such  person,  unless  they  shall  then  be  under 
arrest,  directing  it  to  the  Marshal  or  any  Deputy  Marshal  or  policeman, 
and  cause  the  person  complained  against  to  be  brought  before  him  for 
trial. 

SEC.  5.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council,  August  16,  1878. 

C.  K.  WHITNEY, 

City  Clerk. 

Approved,  August  17,  1878. 

JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  5. 

AX  ORDINANCE  DEFINING  THE  DUTIES  OF  CITY  MARSHAL. 

The  City  of  Walla  Walla  does  Ordain  as  follows ; 

Section  1.  The  City  Marshal  shall,  before  entering  upon  the  du- 
ties of  his  office,  give  a bond  with  two  responsible  sureties  in  the  penal 
sum  of  one  thousand  dollars,  for  the  faithful  discharge  of  his  duties  ac- 
cording to  law,  and  shall  take  and  subscribe  an  official  oath,  which  shall 
be  endorsed  upon  his  bond. 

SEC.  2.  In  addition  to  the  duties  prescribed  in  the  City'  charter,  he 
shall  be  the  keeper  of  the  City  jail,  and  whenever  any  person  shall  be  in 
his  custody  under  authority  of  law,  he  shall  keep  such  person  in  con- 
finement by  committing  them  to  jail  or  other  safe  custody  as  he  may  by 
lawful  authority  be  directed  at  the  expeuse  of  the  City. 

SEC.  3.  It  shall  be  his  duty  to  arrest  all  persons  whom  he  may  see 
committing  any  crime  within  the  limits  of  the  City,  or  violating  any 
City  ordinance  ; provided,  that  in  all  violation  of  civil  law  he  shall  first 
enter  a complaint  on  oath  before  the  Justice  of  the  Peace  for  the  City, 
and  make  such  arrest^by  virtue  of  a warrant  issued  b\  the  said  justice. 
He  shall  also^have'power  to  arrest  any  person  or  persons  whom  he  may 
hear  using  threatening,  obscene  or  profane  language,  or  see  making 
hostile  demonstrations  towards  any  person,  whereby  the  life  or  personal 
safety  of  such  person  may  be  jeopardized.  An#if^it  shall  come  to  his 
knowledge  that  any  two  persons  intend  to  coinm^  a deadly  assault  on 


174  . 


ORDINANCES  OF  THE 


each  other,  he  shall  have  power  to  arrest  any  such  person  or  persons 
and  take  them  before  the  Justice  of  the  Peace  for  the  City,  who  may  if 
he  deem  it  necessary  or  that  good  cause  exist  therefor,  place  person  or 
persons  under  bonds  to  keep  the  peace  within  the  City,  in  the  same 
manner  as  is  provided  in  similar  cases  before  a Justice  of  the  Peace,  and 
in  default  of  bail  may  commit  such  person  or  persons  to  the  City  jail. 

Skc.  4.  He  shall  be  ex-officio  Chief  of  Police.  He  shall  have 
power  whenever  he  may  deem  it  necessary  to  appoint  one  or  more  dep- 
uties, for  whose  official  conduct  he  shall  be  responsible  on  his  bond, 
and  who  shall  receive  the  same  fees  for  their  services  as  are  allowed  by 
law  to  the  Marshal. 


Skc.  5.  He  shall  attend  all  meetings  of  the  Common  Council,  and 
serve  all  processes  directed  him  by  any  Justice  of  the  Peace  in  the 
County,  and  shall  attend  the  court  of  the  Justice  of  the  Peace  for  the 
City,  and  shall  serve  all  papers  emanating  from  the  City  Council,  and 
shall  perform  such  duties  as  may  be  prescribed  by  ordinance  or  action 
of  the  City  Council. 

Sec.  6.  He  shall  keep  a book  in  which  he  shall  enter  the  names  of 
all  persons  arrested  by  himself,  or  any  deputy  or  Policeman,  who  shall 
report  the  same  to  him  as  Chief  of  Police,  the  date  of  such  arrest  and 
amount  of  fine  assessed.  He  shall  report  monthly  to  the  City  Council 
all  arrests  made  by  him  or  his  deputies,  or  by  any  Policeman  of  the  City 
during  the  month,  and  he  shall  report  semi-annually,  at  the  first  regular 
meeting  of  the  Council  in  December  and  June,  all  arrests  made  bv  him, 
what  fines  have  been  collected  from  said  persons,  and  what  number  of 
persons  have  been  confined  in  the  City  prison  and  for  what  time. 

vSkc.  7.  He  shall  take  duplicate  receipts  for  all  moneys  which  he. 
shall  pay  into  the  treasury,  one  of  which  he  shall  file  with  the  City  Clerk 


Sec.  8.  He  shall  receive  such  compensation  for  his  services  as  may 
be  allowed  by  ordinance  or  action  of  the  Council 

SEC.  9.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  publication.  « 

Passed  the  Common  Council  August  16,  187S. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  August  17,  1878. 

JAMES  Me  AUDI  FF. 

Mavor. 


CITY  OF  WALLA  WALLA. 


175 


ORDINANCE  NO.  7. 

AN  ORDINANCE  DEFINING  THE  DUTIES  OF  CITY  CLERK,  AND  FIXING 

HIS  SALARY. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  At  the  first  meeting  of  the  Council  after  the  annual 
election  in  July,  the  City  Council  shall  elect  a suitable  person  to  serve 
as  Citv  Clerk,  during  the  ensuing  fiscal  year,  and  until  his  successor  be 
duly  elected  and  qualified,  who  shall  give  a bond,  with  two  or  more 
sureties,  to  be  approved  by  the  Common  Council,  in  the  penal  sum  nf 
five  hundred  dollars,  and  the  Council  shall  have  power  at  any  time  to 
increase  said  bond  to  any  sum  not  exceeding  twenty-five  hundred 
dollars,  which  bond  shall  be  conditioned  to  the  faithful  discharge  of  his 
duties  as  City  Clerk,  and  he  shall  take  and  subscribe  an  oath  of  office 
on  said  bond  to  the  faithful  discharge  of  his  duties.1 2 

SEC.  2.  Whenever  a vacancy  shall  occur  in  the  office  of  Clerk  by  a 
failure  to  elect,  or  from  any  other  cause,  the  Council,  at  any  regular 
meeting  called  for  that  purpose,  may  elect  a person  to  fill  such  vacancy 
until  the  next  regular  election,  and  the  person  so  elected  shall  proceed 
to  qualify  in  all  respects  as  hereinbefore  provided. 

Sec.  3.  The  Clerk  may  at  any  time  be  removed  by  a majority  Of 
all  the  Council. - 

Sec.  4.  It  shall  be  the  duty  of  the  Clerk  to  keep  all  the  records, 
books,  papers,  and  archives,  bonds  and  valuable  documents  belonging 
to  the  City. 

Sec.  5.  He  shall  attend  all  meetings  of  the  Council,  and  keep  a 
record  of  their  proceedings  in  a well-bound  book  which  shall  be  pro- 
vided for  that  purpose,  and  is  authorized  to  administer  any  oath  required 
to  be  taken  in  connection  with  the  duties  of  his  office. 

SEC.  6.  He  shall  record  in  a well-bound  book  all  ordiances,  by-laws 
and  resolutions  passed  by  the  Council. 

Sec.  7.  ' All  demands  against  the  City  must  be  presented  to  the  City 
Clerk,  with  the  necessary  evidence  in  support  thereof,  and  he  must  sub- 
mit the  same  to  the  Council,  who  shall  by  a vote  direct  whether  the 
same  be  paid  or  not,  and  out  of  what  fund  the  same  is  to  be  paid. 

Sec.  8.  When  the  Council  orders  any  demand  or  account  to  be 
paid,  if  money  has  been  appropriated  for  that  purpose  and  not  otlier- 

1 Superseded  by  Sec.  28  of  Amended  Charter. 

2 Superseded  by  Sec.  27  of  Amended  Charter. 


i76 


ORDINANCES  OF  THE 


wise,  the  Clerk  shall  draw  a warrant  upon  the  Treasurer  for  the  amount 
orderd  paid  which  warrant  must  be  drawn  on  the  general  or  special  fund 
appropriated  therefor,  and  be  signed  by  the  Mavor  and  attested  by  the 
Clerk. 

SKC.  9.  The  Clerk  must  keep  proper  books  of  account,  showing 
therein  all  sums  appropriated,  the  date  thereof,  and  out  of  what  fund, 
and  the  amount  of  warrant  drawn  thereon. 

Sec.  10.  He  shall  draw  all  warrants  ordered  by  the  Council,  which 
shall  be  signed  by  the  Mayor,  and  he  shall  attest  the  same,  and  shall 
keep  a warrant  book  in  which  he  shall  enter,  first,  the  date;  second, 
number  of  each  warrant  issued;  third,  to  whom  issued;  fourth,  for  what 
purpose;  fifth,  what  fund;  sixth,  the  amount;  and  shall  report  to  the 
Council  semi-annually  at  the  first  regular  meeting  in  December  and  June 
of  each  year;  he  shall  also  keep  a cash  book  in  which  he  shall  keep  an 
account  current  with  the  City  Treasurer,  and  shall  charge  him  with  all 
moneys  paid  into  the  City  treasury  for  fines  and  licenses,  and  shall  prop- 
erly endorse  and  file  all  receipts  from  the  Treasurer  which  shall  be 
placed  in  his  hands;  shall  charge  the  Treasurer  with  the  amount  of  the 
assessment  roll  when  it  is  delivered  to  the  Treasurer,  and  shall  credit 
him  with  amount  remaining  unpaid  when  the  same  is  returned  to  him; 
shall  keep  an  account  with  the  Assessor  or  other  officer  who  shall  collect 
City  taxes,  and  shall  at  the  first  regular  meeting  of  the  Council  in  July 
of  each  year  make  out  a report  showing  the  entire  amount  of  moneys 
received  during  the  year,  from  what  received,  and  how  expended,  the 
amount  of  outstanding  warrants,  and  shall  make  an  exhibit,  showing 
the  probable  amount  of  revenue  which  may  accrue  to  the  City  during 
his  half-year  following  his  semi-annual  report.  ' 

Sec.  11.  He  shall,  under  control  of  the  Mayor,  have  charge  of  the 
City  seal,  and  shall  affix  the  same  to  licenses  and  other  public  papers 
requiring  authentication.  He  shall,  when  called  upon  by  parties  requir- 
ing a license,  or  upon  presentation  by  them  of  the  Treasurer’s  receipt 
therefor,  issue  licenses  when  by  law  such  licenses  are  required,  and  shall 
have  power  to  make  out  and  collect  licenses  from  all  persons  who  are 
liable  to  pay  the  same,  and  he  shall  keep  a well-bound  book  in  which 
he  shall  enter  the  names  of  all  persons  to  whom  license  is  gi anted,  the 
amount  received  therefor,  and  the  date  of  issue  and  termination  of  such 
license. 

Sec.  12.  The  records  of  his  office  shall,  when  necessary,  be  open 
to  the  inspection  of  the  Mayor,  any  members  of  the  Council  or  the 
public. 

SEC.  13.  He  shall  receive  such  compensation  for  his  setvices  as 
may  be  allowed  by  ordinance  or  action  of  the  Council. 


CITY  OF  WALLA  WALLA. 


i/7 


SEC.  14.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 


Passed  the  Common  Council  August  16,  1878. 


Approved,  August  17,  1878. 


C.  E.  WHITNEY, 

City  Clerk. 


JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  8. 

AN  ORDINANCE  DEFINING  THE  DUTIES  OF  CITY  ATTORNEY  AND  FIX- 
ING HIS  FEES. 

The  City  of  Walla  Walla  Does  Ordain  as  follows  : 

Section  i.  There  shall  be  elected  by  the  City  Council  at  its  first 
meeting  after  each  general  election,  an  Attorney  for  the  City,  who  shall 
hold  his  office  for  one  year,  or  until  his  successor  is  appointed.  But  he 
may  be  removed  at  any  time  by  vote  of  the  Council  for  incapacity  or 
other  good  cause.1 

Sec.  2.  It  shall  be  the  duty  of  the  City  Attorney  to  appear  for  the 
City  and  prosecute  or  defend  any  and  all  suits  in  which  the  City  is  in- 
terested and  to  prosecute  all  cases  for  violation  of  City  ordinances,  and 
to  give  his  opinion  in  writing  to  the  Council  on  any  matter  in  which  the 
City  is  interested  when  requested  by  the  Council. 

Sec.  3.  He  shall  be  entitled  to  receive  for  his  service  for  the  prose- 
cuting or  defending  of  any  case  or  suit  on  behalf  of  the  City,  such  rea- 
sonable compensation  as  by  the  Council  may  be  agreed  upon. 

SEC.  4.  In  all  prosecutions  before  the  Justice  of  the  Peace  for  the 
City,  he  shall  be  allowed  a fee  to  be  taxed  only  against  the  defendant 
and  paid  by  him,  of  not  more  than  $25  or  less  than  $5,  which  fee  is  to 
be  fixed  by  the  Justice  of  the  Peace  as  part  of  the  costs,  but  in  no  case 
is  said  fee  to  be  charged  to  the  City  unless  the  prosecution  is  specially 
ordered  by  the  Council. 


1 Superseded  by  See.  28,  of  Amended  Charter. 


ORDINANCES  OF  THE 


178 


vSKC.  5.  This  ordinance  shall  be  in  force  and  take  effect  from  and 
after  its  passage  and  publication. 

Passed  the  Common  Council  August  19,  1878. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved  August  21,  1878. 

JAMES  McAUEIFF, 

Mayor. 


ORDINANCE  NO.  10. 

AN  ORDINANCE  DEFINING  THE  DUTIES  OF  CITY  TREASURER,  AND 
FIXING  HIS  PERCENTAGE. 

The  City  of  Walla  J l alia  does  Ordain  as  follows : 

Section  i.  The  City  Treasurer,  before  entering  upon  his  duties 
connected  with  his  office,  shall  give  a bond  to  the  City  of  Walla  Walla 
in  the  penal  sum  of  twenty-five  thousand  dollars,  with  at  least  two  sureties, 
which  bond  shall  be  approved  by  the  Mayor,  conditioned  for  the  faith- 
ful discharge  of  his  duties  according  to  law.  He  shall  also  take  and 
subscribe  an  oath  that  he  will  support  the  Constitution  of  the  United 
States  and  of  this  State,  and  that  he  will  faithfully  perform  the  duties 
of  City  Treasurer  during  his  continuance  in  office.1 

SEC.  2.  He  shall  be  the  receiver  of  taxes,  and  must  receive  and 
keep  all  moneys  that  shall  come  to  the  City  by  taxation  or  in  other 
way,  and  shall  pay  the  same  out  on  warrants  ordered  by  the  City  Coun- 
cil, signed  by  the  Mayor  and  attested  by  the  Clerk  under  the  seal  of  the 
City. 

SEC.  3.  All  warrants  shall  designate  on  what  particular  fund  they 
are  drawn  and  shall  only  be  paid  out  of  the  particular  fund  on  which  it 
is  drawn. 

Sec.  4.  The  Treasurer  shall  keep  an  account  with  the  general  fund, 
and  a separate  account  with  each  special  fund  that  may  be  raised  for 
any  specific  purpose. 

SEC.  5.  He  shall  pay  all  City  warrants  when  presented,  if  there  is 
money  in  the  treasury  appropriated  for  that  purpose,  and  write  011  the 
face  of  such  warrants  the  date  of  payment  and  sign  the  same.  If  there 
are  no  funds  to  pay  such  warrant  when  presented,  he  shall  endorse 


As  Amended  by  Ordinance 384. 


CITY  OF  WALLA  WALLA. 


179 


thereon  “not  paid  for  want  of  funds,  ” and  the  date  of  such  presenta- 
tion, and  sign  the  same,  and  he  shall  keep  a book  in  which  he  shall 
make  an  entry,  showing  the  number,  amount,  to  whom  payable,  and 
date  of  presentation  of  each  order  so  presented  and  endorsed. 

SEC.  6.  The  City  Treasurer  shall  redeem  all  warrants  according  to 
their  priority  of  presentment  ; provided,  that  such  warrants  payable  out 
of  the  City  revenues  shall  be  receivable  in  payment  of  all  City  taxes 
without  regard  to  priority  of  presentment  or  number,  but  no  poll  road 
tax,  nor  road  tax,  nor  special  tax  shall  be  paid  in  warrants,  but  the  same 
shall  be  paid  in  money. 

SEC.  7.  The  Treasurer  shall  keep  his  office  in  some  convenient 
place  within  the  City,  and  shall  keep  the  same  open  during  business 
hours  of  the  day,  and  shall  so  arrange  and  keep  his  books  that  the 
amounts  received  by  him  on  each  separate  account  and  all  funds  paid 
out  on  each  separate  appropriation,  shall  be  exhibited  in  separate  ac- 
counts. 

• SEC.  8-.  His  books  and  accounts  shall  at  all  times  be  subject  to 
examination  by  the  Mayor  or  the  Common  Council,  and  the  Treasurer 
shall,  at  the  first  regular  meeting  in  December  and  June  of  each  year, 
make  out  and  present  to  the  Council  a full  and  complete  statement  of 
the  receipts  and  expenditures  of  the  preceding  six  months. 

SEC.  9.  On  the  first  day  of  April  of  each  year  he  shall  deliver  to 
the  City  Assessor  a sufficient  number  of  blank  poll  road  tax  receipts, 
signed  by  himself,  for  which  said  Assessor  shall  receipt  to  him  and  he 
shall  charge  said  Assessor  with  the  same  in  an  account  which  he  shall 
keep  for  that  purpose,  and  when  the  Assessor  has  completed  his  assess- 
ment and  pays  over  to  him  the  money  collected  for  poll  road  tax,  and 
returns  the  unused  receipts,  he  shall  credit  him  therewith  and  give  him 
duplicate  receipts  for  the  money  so  paid. 


SEC.  10.  The  City  Treasurer  shall  annually  make  a complete-settle- 
ment with  the  Board  of  Common  Council  at  the  last  Council  meeting  of 
each  fiscal  year,  and  at  the  expiration  of  his  term  of  office  shall  turn 
over  all  moneys,  books,  papers  and  documents  that  may  remain  in  his 
hands,  belonging  to  the  City,  and  shall  take  his  successor’s  receipt  in 
duplicate  therefor,  one  of  which  he  shall  file  with  the  City  Clerk. 

Sec.  ii.1 


1 Repealed  by  Ordinance  No.  252. 


ORDINANCES  OF  THE 


180 


SEC.  12.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 

Passed  the  Common  Council  August  20,  1878. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  August  21,  1878. 

JAMES  Me  AUDI  FI', 

Mayor. 


ORDINANCE  NO.  11. 

AN  ORDINANCE  DEFINING  THE  DUTIES  OF  THE  CITY  ASSESSOR  AND 
FIXING  HIS  COMPENSATION. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  It  shall  be  the  duty  of  the  City  Assessor,  before  enter- 
ing upon  the  duties  of  his  office,  to  give  a bond  to  the  people  of  the  City 
of  Walla  Walla  in  the  penal  sum  of  two  thousand  dollars,  conditioned 
to  the  faithful  performance  of  his  duties  according  to  law,  and  to  take 
and  subscribe  an  oath  to  that  effect ; which  shall  be  endorsed  on  his 
official  bond. 

SEC.  2.  The  City  Assessor  shall,  on  the  first  Monday  in  April  fol- 
lowing his  election  and  qualification  in  each  year,  commence  the  per- 
formance of  his  duties  by  ascertaining  the  name  of  each  person  in  the 
City  liable  to  taxation,  and  also  all  the  taxable  property  in  the  City, 
and  shall  prepare  an  assessment  roll,  in  which  he  shall  set  down  in  their 
respective  order : First,  the  names  of  all  the  taxable  persons  in  the 

City  ; second,  the  value  of  the  property  taxable  to  each  ; third,  the  de- 
nomination, class  or  kind  of  property  assessed;  fourth,  the  number  of 
the  block  or  lot  in  which  any  real  estate  is  situated,  with  the  value 
thereof. 

Sec.  3.  When  any  person  is  assessed  as  executor,  administrator, 
trustee,  guardian,  or  agent,  a designation  of  such  representative  char- 
acter shall  be  added  to  his  name,  and  such  assessment  shall  be  entered 
in  a separate  column  from  his  individual  personal  assessment. 

Sec.  4.  The  Assessor  shall  administer  an  oath  to  each  person  be- 
fore assessing  them,  to  give  a correct  list  of  all  moneys  and  property, 
real  and  personal,  which  shall  be  liable  to  assessment  under  the  laws  of 
this  City,  and  if  any  person  shall  refuse  to  take  such  oath,  or  if  the  As- 
sessor shall  be  unable  to  find  the  owner  of  any  property  liable  to  assess- 


CITY  OF  WALLA  WALLA 


i8r 


nient,  lie  shall  ascertain  from  the  best  means  in  his  power  the  value  of 
such  property  and  assess  it  accordingly,  and  shall  assess  the  property  of 
non-residents  and  citizens  who  may  be  at  the  time  absent  from  the  City, 
by  the  same  manner  of  assessment. 

SEC.  5-  All  unoccupied  lots  which  shall  be  rendered  more  valuable, 
by  reason  of  surrounding  improvements,  shall  be  assessed  according  to 
such  increased  value. 

Sec.  6.  The  Assessor  shall  return  the  assessment  roll  to  the  Com- 
mon Council  at  the  second  regular  meeting  in  May  of  each  year,  and 
shall  subscribe  an  official  certificate  that  he  has  fully  performed  his  duty 
and  that  the  assessment  roll  is  correct. 

Sec.  7-  Tile  City  Assessor  shall  also  annually  prepare  a list  show- 
ing the  names  of  all  persons  liable  to  pay  poll  road  tax  residing  within 
said  City,  and  their  place  of  residence,  and  shall  mark  thereon,  opposite 
the  name  of  each  person,  the  payment  of  poll  road  tax  made  to  him  as 
hereinafter  provided,  and  shall  return  said  list  to  the  City  Council,  with 
his  assessment  of  City  property  ; said  list,  when  so  returned,  shall  be 
known  as  the  delinquent  road  poll  tax  list. 

SEC.  8.  The  Assessor,  while  making  the  assessment  of  property 
shall  demand  of  each  person  liable  to  pay  poll  road  tax,  within  the  City, 
the  said  tax  for  that  year,  and  on  payment  thereof  to  him,  he  shall  mark 
the  same  paid  opposite  the  name  of  such  person,  and  shall  also  deliver 
to  such  person  poll  road  tax  receipt  signed  by  the  City  Treasurer,  and 
by  said  Assessor  for  said  tax. 

SEC.  9.  On  the  first  of  April  of  each  year  the  City  Assessor  shall 
receive  from  the  City  Treasurer  a sufficient  number  of  blank  poll-road 
tax  receipts,  signed  by  the  Treasurer,  for  which  the  said  Assessor  shall 
give  his  receipt  to  the  Treasurer,  who  shall  charge  the  Assessor  there- 
with in  an  account  to  be  kept  by  him  for  that  purpose. 

SEC.  io.  Any  person,  corporation,  or  association  employing  any 
persons  liable  to  payr  road-poll  tax,  shall,  when  required,  furnish  to  the 
Assessor  a list  of  the  names  of  all  persons  so  employed  by  them,  and  if 
such  person,  corporation  or  association  shall  fail  to  furnish  such  list,  or 
shall  furnish  an  incomplete  or  incorrect  list,  then  said  employers  or 
company  shall  be  liable  for  the  amount  of  said  road-poll  tax  of  his  or 
their  employes,  apd  shall  pa}*  the  road-poll  tax  due  by  such  employes, 
•on  demand,  to  the  Treasurer. 

Sec.  ii.  The  Assessor,  when  he  has  completed  his  assessment, 
shall  return  to  the  City  Treasurer  all  said  receipts  remaining  unused  in 
his  hands,  and  shall  also  pay  over  all  money  collected  by  him  for  poll- 


182 


ORDINANCES  OF  THE 


road  tax,  and  shall  be  credited  by  the  City  Treasurer  with  said  receipts- 
and  money  so  returned,  and  the  Treasurer  shall  deliver  to  him  duplicate 
receipts  for  the  money  so  paid,  one  of  which  shall  be  filed  with  the  City 
Clerk. 

SEC.  12.  The  Assessor  shall  receive  the  sum  of  one  hundred  and 
fifty  dollars  for  assessing  the  property  in  the  City  and  for  making  and 
returning  the  assessment  roll,  and  five  per  cent  on  all  road-poll  tax  col- 
lected by  him.1 

SEC.  13.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 


Passed  the  Common  Council  August  20,  1878. 


Approved,  August  21,  1878. 


C.  E.  WHITNEY, 

City  Clerk. 


JAMES  McAULIFF, 

Mavor. 


ORDINANCE  NO.  14. 

AN  ORDINANCE  TO  PRESENT  DOMESTIC  FOWLS  RUNNING  AT  LA.RGE 
WITHIN  THE;  CORPORATE  UIMlTS  OF  THE  CITY 
OF  WALLA  WALLA. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  1.  No  person  or  persons  shall  permit  any  chickens,  ducks, 
geese,  turkeys  or  domestic  fowls  to  run  at  large  within  the  corporate 
limits  of  the  City  of  Walla  Walla. 

Se;c.  2.  It  shall  be  lawful  for  any  person  or  persons  who  may  find 
any  domestic  fowls  running  at  large,  as  provided  in  section  first  of  this- 
ordinance,  upon  his  premises,  to  seize,  kill,  use  or  destroy  the  same,  and 
such  seizure,  killing,  use  or  destruction  shall  forfeit  a*ll  right,  title  and 
interest  of  the  owner  therein  and  all  rights  to  damages,  claims,  right  of 
action  and  demands  therefor. 


1 Ordinance  No.  509,  fixes  compensation  of  Assessor  at  $4.00  per  day  for  time  nec- 
essarily employed.  This  is  the  last  ordinance  fixing  his  compensation. 


CITY  OF  WALLA  WALLA.  183 

Shc.  3.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council  August  21,  1878. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  August  22,  1878. 

JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  15. 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  CEEANING  OF  STREETS  AND 

ALEEYS. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  occupants  of  any  premises,  and  the  owners 
and  agents  of  any  unoccupied  premises  fronting  or  abutting  on  anv 
street  or  alley,  be,  and  they  are  hereby  required  at  their  own  expense, 
to  clean  the  street  or  alley  in  iront  of  or  abutting  upon  their  respective 
lots  or  premises,  by  scraping,  sweeping  and  removing  the  dirt  or  rubbish 
on  Friday  or  Saturday  of  each  week  during  the  year;  the  dirt  and 
rubbish  to  be  deposited  in  such  place  as  the  Street  Commissioner  shall 
designate. 

SEC.  2.  The  Street  Commissioner  is  hereby  authorized  and  directed 
to  cause  the  streets  in  front  of  the  property  owned  by  the  City  to  be 
cleaned  in  the  manner  prescribed  in  Section  1 of  this  ordinance,  and  for 
that  purpose  shall,  as  far  as  practicable,  cause  such  work  to  be  done  by 
the  persons  confined  in  the  City  jail,  under  the  provisions  of  the  ordi- 
nance providing  for  the  working  of  City  prisoners. 

Sec  3.  A failure  to  comply  with  the  provisions  of  Section  1 of  this 
ordinance  shall  be  deemed  a misdemeanor,  and  upon  conviction  before 
the  Justice  of  the  Peace  of  the  City,  the  offender  or  offenders  shall  be 
subject  to  a fine  of  not  more  than  ten  dollars  for  each  and  every  of- 
fense. 

Sec.  4*  I ^ie  street  Commissioner  is  hereby  directed  to  enforce  the 
provisions  of  this  ordinance. 


j8  4 


ORDINANCES  OF  THE 


Sec.  5.  This  ordinance  to  take  effect  and  be  in  force  from  and  after 
its  passage  and  publication. 

Passed  the  Common  Council  September  3,  1878 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  September  4,  1S78 

JAMES  McAUIylFF, 

Mayor. 


ORDINANCE  NO.  16. 

DEFINING  THE  DUTIES  AND  FIXING  THE  COMPENSATION  OF  THE 
STREET  COMMISSIONER. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  The  Street  Commissioner  shall  have  the  general  super- 
vision of  all  streets,  alle\'S,  roads,  sidewalks,  bridges,  bulk-heads,  pave- 
ments and  public  grounds  in  the  City  of  Walla  Walla,  and  shall  report 
from  time  to  time,  to  the  Common  Council  such  alterations,  repairs  or 
improvements  as  may  be  necessary  to  all  streets,  alleys,,  roads  sidewalks, 
bulk-heads,  bridges  and  public  grounds,  together  with  the  best  manner 
®f  doing  the  same. 

Sec.  2.  It  shall  be  the  duty  of  the  Street  Commissioner  to  super- 
intend the  grading,  graveling  and  repairing  of  all  streets,  alleys,  and 
planking  of  sidewalks,  building  and  repairing  of  bridges  and  bulk- 
heads, and  all  other  public  improvements  of  the  City  which  have  been 
or  may  hereafter  by  ordinance  be  placed  in  his  charge  or  under  his 
supervision. 

Sec.  3.  It  shall  be  the  duty  of  the  Street  Commissioner  to  remove 
all  obstructions  from  the  streets,  alleys,  sidewalks,  bridges  and  public 
grounds  of  the  City,  except  as  otherwise  provided  by  ordinance. 

Sec.  4.  It  shall  be  the  duty  of  the  Street  Commissioner  to  cause 
the  removal  of  all  nuisances  from  the  streets,  alleys  and  public  grounds 
within  the  limits  of  the  City  and  the  necessary  expense  of  such  removal 
shall  be  paid  out  of  the  City  treasury  when  the  person  or  persons  caus- 
ing or  permitting  such  nuisance  cannot  be  found. 

Sf.c.  5.  It  shall  be  the  duty  of  the  Street  Commissioner  to  keep  in 
repair  all  bridges,  bulk-heads,  and  crosswalks  in  the  City,  and  to  notify 
all  persons  to  build  sidewalks  when  ordered  by  the  Council  and  when 


CITY  OF  WALLA  WALLA. 


185 


sidewalks  are  broken  or  out  of  repair  to  notify  the  owners  or  occupants 
of  the  premises  to  forthwith  repair  the  same,  and  if  the  owners  or  occu- 
pants fail  to  repair  the  same  within  five  days  from  such  notice,  it  shall 
be  the  duty  of  the  Street  Commissioner  to  repair  the  same  at  the  expense 
of  the  owner  or  owners  of  said  premises,  and  the  same  shall  be  a lien  on 
the  said  premises  to  be  recovered  by  suit  for  the  same.  The  Street  Com- 
missioner shall  perform  such  other  duties  as  are  or  may  hereafter  be  re- 
quired of  him  by  any  ordinance  or  resolution  of  the  Common  Council 
concerning  the  streets,  sidewalks,  bridges,  bulk-heads  and  public 
grounds  of  the  City. 

Sec.  6.  The  Street  Commissioner  shall  have  the  authority  of  a 
policeman  of  the  City  and  shall  have  charge  of  all  property  of  the  Citv 
for  the  improvement  of  streets,  sidewalks,  crosswalks  bridges  and  bulk- 
heads, and  it  shall  further  be  his  duty  to  see  that  all  ordinances  relating 
to  streets  are  strictly  enforced  and  to  make  complaint  before  the  Justice 
of  the  Peace  for  the  City  of  all  violations  of  such  ordinances. 


Sec.  7.  In  all  cases  where  a conviction  shall  be  had  before  the  Jus- 
tice of  the  Peace  of  the  City  upon  the  complaint  of  the  Street  Commis- 
sioner for  a violation  of  any  ordinance  relating  to  streets,  the  Street 
Commissioner  shall  receive,  as  compensation  for  his  trouble,  the  sum  of 
two  dollars,  to  be  taxed  as  costs  against  the  offender,  but  in  110  event 
shall  the  City  be  hoi  den  for  the  same. 

SEC.  8 The  Street  Commissioner  shall  receive  for  his  services  a 
monthly  salary  of  sixty  dollars,  payable  monthly.1 


Sec.  9.  Ordinance  No.  63,  defining  the  duties  and  compensation  of 
the  Street  Commissioner  is  hereby  repealed. 

SEC.  10.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council  September  5,  1878. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  September  6,  1878. 

JAMES  McAULIFF, 

Mayor. 


1 Ordinance  No.  536,  fixes  compensation  at  $55  per  month. 


i86 


ORDINANCES  OF  THE 


ORDINANCE  NO.  17. 

AN  ORDINANCE  IN  RELATION  TO  THE  STREETS,  SIDEWALKS  AND  CROSS- 
WALKS AND  REGULATING  THE  SAME. 

FJie  City  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  I hat  from  and  after  the  passage  of  this  ordinance  it 
shall  not  be  lawful  for  any  person  to  break  up,  dig  up.  cut,  excavate  or 
fill  in  any  street,  or  construct  any  sidewalk,  crosswalk,  plank,  gutter  or 
roadway,  or  do  any  work  in  or  upon  any  of  the  public  streets  and  alleys 
within  the  City  limits,  except  as  in  this  ordinance  provided 

SEC.  2.  Any  person  or  persons  wishing  to  grade  or  make  any  kind 
of  improvements,  before  commencing  the  same,  shall  apply  to  the  com- 
mittee 011  streets  and  public  property  for  a permit  therefor,  which  appli- 
cation shall  state  the  location  and  description  of  work  to  be  done  and 
the  time  necessary  to  complete  it. 

Sec.  3.  Permits  shall  not  be  issued  by  the  committee  on  streets 
and  public  property,  except  as  hereinafter  provided 

Sec.  4.  No  permit  shall  be  issued  for  work  upon  any  street  or  alley 
where  the  grade  thereof  has  not  been  legally  established,  while  a propo- 
sition to  alter  or  amend  a grade  thereof  is  pending  before  the  Council, 
01  for  work  of  any  description  other  than  is  authorized  by  this  ordi- 
nance, unless  the  Common  Council  by  ordinance  or  resolution  expressly 
so  direct. 

Sec.  5.  The  street  committee  may  refuse  tlieir  permit  to  remove 
any  earth  from  any  street  of  the  City  if,  in  their  judgment,  said  earth 
will  be  required  on  that  or  any  other  street  or  alley  of  the  City. 

Sec.  6 Upon  presentation  of  such  permit  to  the  City  Surveyor  he 
shall  make  the  necessary  survey  for  the  improvement  therein  described  ; 
provided,  however,  if  the  work  is  not  done  within  the  time  specified  in 
the  permit  and  a second  survey  becomes  necessary,  such  survey  shall  be 
at  the  expense  of  the  applicant  therefor. 

Sec.  7.  After  testing  the  accuracy  of  any  work  the  City  Surveyor 
shall  certify  that  the  work  is  upon  the  proper  grade  and  that  the  mater- 
ials used  are  in  accordance  with  the  provisions  of  this  ordinance,  and 
such  work  so  accepted,  as  far  as  it  extends,  shall  be  deemed  a comple- 
tion of  that  part  of  any  improvement  ordered  by  the  Common  Council. 

Sec.  8.  All  filling  required  in  sidewalks  or  roadways  shall  be  done 
with  good  clean  earth,  free  from  sticks,  roots  or  other  perishable  mater- 
ial, and  the  earth  work  shall  be  neatly  trimmed  to  grade  after  the  com- 
pletion of  all  other  work. 

SEC.  9.  The  grade  of  Main  and  parallel  streets  hereafter  established 
shall  run  from  center  to  center,  and  tlje  curbs  of  those  streets  shall  cor- 


CITY  OF  WALLA  WALLA. 


187 

respond  to  the  official  grade  of  the  center  of  the  street  opposite.  The 
grades  of  streets  running  from  north  to  south,  on  the  intersection  of 
Main  and  parallel  streets  shall  be  level  and  shall  run  from  line  of  block 
to  line  of  block,  the  grade  of  the  curb  lines  conforming,  to  the  official 
grade  of  cross  street,  and  running  with  grade  parallel  to  the  center  of 
street. 

SEC.  ig  In  all  cases  not  otherwise  provided  for  the  curbs  shall 
correspond  to  the  official  grade  of  the  street  of  which  said  sidewalk  shall 
form  a part.  Sidewalks  shall  rise  from  the  curbs  to  the  line  of  the  block 
at  the  rate  of  one-fourth  of  an  inch  to  every  foot  of  width,  and  where  the 
covering  planks  do  not  cover  the  whole  width  of  the  sidewalks  the  space 
not  covered  shall  be  filled  to  the  top  of  the  curb  ; the  width  of  all  side- 
walks hereafter  laid  on  streets  eighty  (80)  feet  wide  shall  be  twelve  (12) 
feet  and  upon  streets  one  hundred  ^100)  feet  wide  shall  be  sixteen  (16) 
feet,  measuring  from  the  line  of  the  block  to  the  outside  of  the  curb. 

Sec.  11.  Curbs  shall  be  of  wood  fifteen  (15)  inches  wide,  three  (3) 
inches  thick  and  in  lengths  of  not  less  than  nine  (9)  feet,  and  their  ends 
shall  be  cut  square,  so  as  to  make  good  square  joints. 

Sec  12.  Tn  all  sidewalks  there  shall  be  placed  sills  not  more  than 
two  feet  apart.  The  sills  shall  be  2x6  inches,  placed  on  or  imbedded'  in 
the  firm  earth,  at  equal  distance  apart,  and  parallel  with  the  curb,  for 
the  covering  plank  to  rest  upon.  In  all  cases  where  there  are  more  than 
twelve  inches  filling  in  the  sidewalk,  the  sills  or  stringers  shall  rest  upon 
blocks  not  less  than  4x6  inches,  extending  down  to  the  firm  earth.  The 
blocks  shall  not  be  more  than  four  feet  apart  under  each  stringer.  The 
covering  plank  shall  not  be  less  than  1 ’4  inches  thick  and  not  more  than 
eight  inches  wide;  and  in  length  as  hereinafter  specified,  viz:  upon 
Main  street  from  First  street  to  Fifth  street,  sixteen  feet ; from  Fifth 
street  to  Eleventh  street,  ten  feet  wide,  and  011  said  street  from  First 
street  to  the  north-easterly  line  of  the  City,  eight  feet.  Upon  all  other 
one  hundred  foot  streets,  eight  feet,  and  upon  all  eighty  foot  streets,  six 
feet  long.  Said  sidewalk  to  commence  not  more  than  one  foot  out  from 
the  line  of  the  lots.  And  in  cases  where  the  covering  planks  do  not  ex- 
tend to  the  full  width  of  the  sidewalk,  at  every  ten  feet  a plank  shall  ex- 
tend to  the  full  width  and  be  mortised  into  and  spiked  to  the  curb,  ex- 
cept on  streets  that  have  not  been  graded  ; provided,  that  the  Council, 
in  ordering  improvements  of  streets,  may  alter  or  modify  the  kind  of 
sidewalk  to  be  laid  in  any  street  hereafter  improved,  in  such  manner  as 
they  may  think  proper.  I11  all  streets  of  the  City  that  portion  of  the 
sidewalks  lying  between  intersection  shall  be  wholly  planked.  The 
planks  shall  be  securely  fastened  to  the  curbs  and  sills  by  two  3od  nails, 
driven  at  least  one-fourth  of  an  inch  below  the  surface. 

] As  amended  by  Ordinance  No.  34.  Approved,  March  19,  1879. 


1 88 


ORDINANCES  OF  THE 


Skc.  13.  All  crosswalks  hereafter  laid  down  shall  not  be  less  than 
four  feet  wide,  constructed  of  three  inch  plank  and  shall  be  laid  in  a line 
with  the  middle  of  the  sidewalk  or  at  or  near  the  side  line  of  the  street 
as  the  City  Surveyor  and  the  committee  on  streets  and  public  property 
shall  designate  They  shall  rest  upon  sills  not  less  than  four  feet  long, 
eight  inches  wide  and  three  inches  thick,  well  imbedded  in  the  earth. 
On  all  streets  the  sills  shall  not  be  more  than  four  feet  apart.  The 
covering  plank  shall  correspond  to  the  slope  of  the  street  and  extend 
within  two  feet  of  the  curb.  The  crosswalks  shall  be  connected  with 
the  sidewalks  with  aprons  four  feet  long  of  three  inch  plank,  securelv 
fastened  to  the  curb  and  crosswalks  by  six  inch  spikes. 

SEC.  14.  In  all  cases  where  it  is  proposed  to  gravel  the  roadway,  it 
shall  be  done  by  leaving  the  grade  in  the  center  of  the  street  extending 
to  the  width  to  be  covered,  four  inches  below  the  established  grade,  and 
when  the  gravel  is  placed  on  the  street  it  shall  be  made  to  conform  to 
the  official  grade  of  said  street. 

Sec.  15.  All  shade  and  ornamental  trees  that  shall  hereafter  be 
planted  in  the  streets  of  the  City  of  Walla  Walla,  shall  be  placed  at  a 
distance  of  ten  and  one-half  feet  from  the  line  of  the  block  in  the  eighty 
foot  streets,  and  fourteen  feet  from  the  line  of  the  block  on  the  one 
hundred  foot  streets. 

Sec.  16.  The  committee  on  streets  and  public  property  and  the 
City  Surveyor,  when  in  their  judgment  it  is  expedient,  shall  have  all 
newly  improved  streets  sprinkled  thoroughly  and  then  rolled  with  a 
heavy  roller,  which  sprinkling  and  rolling  shall  constitute  a part  of  the 
improvement  of  any  street  upon  which  said  work  is  done. 

Sec.  17.  Whenever  it  shall  become  necessary  for  any  corporation 
or  other  person  engaged  in  supplying  this  City  or  . its  inhabitants  with 
water  or  gas,  to  dig  up,  break,  disturb,  dig  under  or  undermine  a public 
street  or  any  part  thereof,  for  the  purpose  of  laying  or  gaining  access  to 
their  mains  or  pipes,  such  corporation  or  person  shall  complete  such 
work  or  repairs  as  soon  as  possible  and  shall,  without  delay,  put  such 
street  in  good  condition  and  shall  remove  therefrom  all  surplus  rocks, 
stone,  sand,  earth,  rubbish  or  other  material  thereby  dug  up  or  placed 
in  such  street. 

Sec.  iS.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  misdemeanor  and  on  conviction  before 
the  Justice  of  the  Peace  of  the  City,  shall  be  punished  by  a fine  of  not 
more  than  fifty  dollars,  or  by  imprisonment  in  the  City  jail  not  more 
than  fifteen  days,  and  in  all  cases  where  a fine  shall  be  imposed  under 
this  ordinance  it  shall  be  the  duty  of  the  Justice  of  the  Peace  to  adjudge 
that  the  offender  stand  committed  to  the  City  jail  until  such  fine  and 


CITY  OF  WALLA  WALLA. 


189 


costs  of  suit  shall  be  paid,  or,  in  default  of  a payment,  for  a number  of 
days  specified,  and  in  the  costs  of  suit  against  the  offender,  and  any  per- 
son or  persons  who  shall  maintain  or  continue  such  violence  after  con- 
viction of  the  first  offense,  shall,  for  each  day  of  maintaining  or  continu- 
ing, be  deemed  guilty  of  a separate  offense  and  on  conviction  thereof 
shall  be  punished  to  the  full  extent  of  the  fine  or  imprisonment  provided 
in  this  section,  and  upon  all  cases  of  conviction  under  this  ordinance 
upon  complaint  of  the  City  Marshal  or  Street  Commissioner  there  shall 
be  an  additional  sum  of  two  dollars  taxed  as  costs  against  the  offender, 
which  shall  be  collected  from  the  offender  and  paid  to  the  City  Marshal 
or  Street  Commissioner,  as  the  case  may  be. 

Skc.  19.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council  September  5,  1878. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  September  6,  187S. 

JAMES  McAULIFF, 

Mayor 


ORDINANCE  NO.  18. 

TO  PROVIDE  FOR  THE  PREVENTION  OF  FIRES,  APPOINTING  FIRE  WAR- 
DENS AND  DEFINING  THEIR  DUTIES 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  every  chimney  or  flue  that  may  hereafter  be  built 
within  the  City  shall  have  walls  of  a good  quality  of  brick  or  stone  at 
least  four  inches  in  thickness,  and  the  bottom  to  be  at  least  six  inches  in 
thickness,  of  the  same  material,  and  to  be  laid  in  good  lime  mortar  and 
to  be  plastered  on  the  inside,  and  when  passing  through  or  near  wood- 
work, to  be  plastered  on  the  outside  No  chimney  or  flue  shall  be  built 
which  shall  have  any  joist  or  timber  resting  on  or  entering  into  the 
same,  further  than  will  leave  at  least  six  inches  between  the  end  thereof 
and  the  chimney  or  flue.  They  shall  be  well  secured  and  shall  extend 
at  least  four  feet  above  the  roof  of  the  building  to  which  they  are  at- 
tached, measuring  from  the  point  where  each  chimney  or  flue  passes 
through  such  roof,  and  shall  extend  at  least  two  and  one-half  feet  below 
the  ceiling  of  the  first  story  of  such  building  and  should  such  chimneys 
or  flues  be  deemed  unsafe  to  the  building  or  buildings  adjoining  (by  a 


i go 


ORDINANCES  OF  THE 


fire  warden)  they  shall  be  carried  up  to  such  a height  as  may  be  deemed 
necessary,  not  to  exceed  four  feet  above  the  extreme  height  of  said 
building  or  buildings  adjoining. 

Sec.  2.  No  stove  pipe  in  any  building  with  wooden  or  combustible 
floors  and  ceilings,  shall  enter  any  flue  unless  said  pipe  shall  be  at  least 
eighteen  inches  from  either  floors  or  ceilings,  and  in  all  cases  where 
stove  pipes  pass  through  wooden  partitions  of  any  kind,  whether  the 
same  be  plastered  or  not,  they  shall  be  guarded  by  a double  collar  of 
metal,  with  at  least  three  inches  air  space  and  hole  for  ventilation,  or  bv 
a.  soapstone  ring  not  less  than  two  inches  in  thickness,  and  extending 
through  the  partition,  or  by  a solid  coating  of  plaster  of  paris,  three 
inches  thick,  or  by  an  earthenware  ring  three  inches  from  the  pipe.  No 
stove  pipe  nor  smoke  pipe  shall  pass  through  any  windows,  side  or  roof 
of  any  building,  except  by  a permit  granted  by  a fire  warden,  and  it 
shall  designate  the  time  for  which  such  leave  is  granted.  The  openings 
where  the  pipe  goes  through  the  roof  or  side  of  a building  shall  in  all 
cases  be  at  least  three  inches  in  diameter  larger  than  the  size  of  the  pipe, 
and  be  protected  by  a double  collar  of  metal  or  otherwise,  as  in  the  case 
of  passing  through  partition,  and  tin  or  sheet  iron  on  the  outside  and 
inside  of  such  openings.  No  stove  pipe  shall  be  placed  nearer  than  six- 
teen inches  to  any  wall,  except  at  right  angles  therewith  in  passing 
through  the  same.  All  stove  pipes  passing  through  the  roof  of  am- 
building  shall  extend  at  least  four  feet  above  the  roof  of  the  building  to 
which  they  are  attached,  measuring  from  the  point  where  each  passes 
through  such  roof,  and  if,  in  the  opinion  of  a fire  warden,  they  be 
deemed  unsafe  to  the  building  or  buildings  adjoining,  they  shall  be 
carried  up  to  such  a height  as  may  be  deemed  necessary,  not  to  exceed 
four  feet  above  the  extreme  height  of  said  building  or  buildings  ; pro- 
vided, that  no  owner,  proprietor,  superintendent,  agent  or  occupant 
thereof,  or  other  person  using  or  managing,  or  having  the  control  of  any 
steam  saw  or  planing  mill  or  factory  of  any  kind,  or  where  steam  power 
is  used,  shall  use  or  continue  to  use,  maintain  or  erect  any  smoke  stack 
or  chimney  in  connection  with  any  such  establishment  of  less  height 
than  twenty  feet  above  the  adjoining  buildings  or  those  adjacent  there- 
to, and  such  smoke  stack  and  chimneys  shall  be  further  protected  by 
proper  spark  catchers  attached  thereto.  If,  in  the  opinion  of  a fire  war- 
den, a sheet  iron  pipe  is  not  sufficient  for  the  safety  of  the  building  or 
buildings,  he  shall  inform  the  owner  or  occupant  thereof  and  order  a 
brick  chimney,  which  order  shall  be  complied  with  within  ten  days ; 
provided,  that  hotels  and  restaurants  shall  in  all  cases  provide  brick 
chimneys  to  be  used  in  place  of  a stove  pipe  All  owners  or  occupants 
of  any  building  within  the  City,  in  which  there  is  a stove  pipe,  shall, 
when  notified  by  a fire  warden,  comply  with  the  foregoing  requirements 
of,  and  also  replace  a bad  or  defective  stove  pipe  with  a new  one  when 
so  ordered. 


CITY  OF  WALLA  WALLA. 


191 

SEC.  3.  That  when  any  flue,  stove  pipe  or  chimney  constructed 
prior  to  this  ordinance  going  into  effect  shall  be  deemed  by  a firewarden 
to  be  unsafe,  the  fire  warden  in  whose  district  the  same  shall  occur, 
shall  notify  in  writing  the  owner  or  occupant  of  the  building  that  the 
same  must  be  repaired  or  removed  within  ten  days;  and  if  the  parties 
so  notified  still  persist  in  using  any  flue,  stove  pipe  or  chimney  which 
endangers  the  building  to  which  it  is  attached,  or  adjoining  buildings, 
the  fire  warden  shall  cause  the  same  to  be  repaired  or  removed,  and  the 
cost  of  such  repairs  shall  be  made  at  the  expense  of  the  owner  or  occu- 
pant of  the  building. 

SEC.  4.  No  stove  shall  stand  within  two  feet  of  any  wooden  or 
cloth  wall,  unless  such  wall  is  fully  protected  by  tin  or  zinc  plates 
fastened  thereon,  and  all  persons  using  fires  in  stoves  shall  cause  to 
have  placed  under  said  stoves  zinc  or  other  incombustible  material  suf- 
ficient to  protect  the  floors  from  fire. 

Sec.  5.  It  shall  be  unlawful  for  any  person  to  deposit  any  ashes  in 
any  wooden  vessel  or  on  any  wooden  floor  in  the  City , or  deposit  them 
in  any  place  in  their  or  others’  premises  that  will  be  nearer  than  ten 
feet  to  any  wooden  work. 

SEC.  6.  No  person  shall  use  any  portable  light  in  any  building  or 
place  where  combustible  materials  are  kept,  unless  such  light  be  se- 
curely enclosed  in  a lantern,  and  no  person  shall  use  a light  where  com- 
bustible materials  are  suspended  above  it  without  so  protecting  it  as  to 
prevent  such  material  falling  upon  or  coming  in  contact  with  it. 

Sec.  7.  Every  person  making  or  using  shavings  shall,  at  the  close 
of  each  day,  cause  the  same  to  be  securely'  stored  or  disposed  of  so  as  to 
be  safe  from  fire,  and  when  not  so  stored  the  fire  warden  may  direct  the 
removal  of  the  same  or  cause  the  same  to  be  protected  from  fire,  and  at 
the  expense  of  the  owner  or  occupant  of  the  premises.  No  owner  or 
occupant  of  any  livery  stable  in  this  City  shall,  by  himself  or  those  in 
his  employ,  use  therein  or  in  any  place  containing  hay,  straw  or  other 
combustible  material,  any  lighted  candle  or  other  portable  light,  except 
the  same  be  securely  protected  by  a lantern.  No  person  shall  in  this 
City  have,  put,  or  keep  any  hay'  or  straw  in  stack  or  pile  without  having 
the  same  enclosed  or  secured  so  as  to  protect  it  from  flyfing  sparks. of  fire. 

Sec.  8.  That  the  fire  wardens  of  the  City  shall  at  all  times  have  the 
right  to  enter  any  building  in  this  City  for  the  purpose  of  discovering 
or  ascertaining  any  violation  of  this  ordinance. 

Sec.  9.  That  whenever  a fire  warden  deems  it  necessary^  for  the 
safety  of  any  building  or  adjoining  buildings  to  have  any  accumula- 
tion of  moss  removed  from  the  roof  of  such  building,  he  shall  notify' 
the  owner'or  occupant  of  such  building,  who  shall  at  once  have  the  same 
removed. 


192 


ORDINANCES  OF  THE 


SEC.  10.  No  person  shall  make  or  cause  to  be  made  a fire  on  any 
wooden  pavement  or  planking  in  the  City. 

Sec.  11.  No  person  shall,  in  the  City,  boil  any  pitch,  tar,  rosin, 
turpentine,  varnish  or  other  inflammable  substance,  unless  the  same 
be  done  in  an  open  place  at  least  thirty  feet  from  any  building  or 
other  property  that  might  be  injured  thereby,  or  in  a fire  proof  build- 
ing. 

Sec.  12.  All  flues  and  chimneys  shall  be  cleaned  as  often  as  once 
iii  three  months  and  any  person  failing  to  do  so  shall  be  liable  to  pay  a 
fine  of  not  more  than  ten  dollars  011  conviction  thereof. 

SEC.  13.  All  chimneys  of  blacksmith  shops  shall  be  properly  and 
carefully  protected  by  spark  catchers  attached  thereto. 

Sec.  14.  Any  person  or  persons  violating  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a misdemeanor  and  011  con- 
viction thereof,  before  the  Justice  of  the  Peace  of  the  City,  shall  be  pun- 
ished by  a fine  of  not  more  than  fifty  dollars ; and  each  day  of  maintain- 
ing or  continuing  such  violation  shall  be  deemed  a new  offense  and  pun- 
ished accordingly. 

SEC.  15.  The  foreman  of  each  fire  company  and  the  City  Marshal 
shall  be  the  fire  wardens  of  the  City,  and  they  are  required  to  see  that 
the  provisions  of  this  ordinance  are  enforced,  and  to  make  complaints 
in  the  court  of  the  Justice  of  the  Peace  of  the  City  for  violation  thereof. 


Sec.  16  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council,  September  10,  1878. 


Approved,  September  13,  1878. 

JAMES  M CAUL  IFF, 

Mayor. 


C.  E.  WHITNEY, 

City  Clerk. 


ORDINANCE  NO  19. 

AN  ORDINANCE  To  PROVIDE  FOR  WORKING  THE  CITY  PRISONERS. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  That  hereafter  all  City  prisoners,  during  the  term  of 
their  imprisonment  or  commitment,  shall  be  liable  to  work  upon  public 


CITY  OF  WALLA  WALLA.  ,93 

squares,  lots,  blocks,  engine  houses,  streets,  cisterns  sewers,  and  other 
property  of  the  City,  or  property  of  which  the  City  has  direct  control  or 
charge,  and  in  cleaning  all  crossings  of  streets  in  the  City,  and  alJ 
streets  and  alleys. 

Sue.  2.  It  shall  be  the  duty  of  the  City  Marshal,  whenever  he 
shall  have  prisoners  in  his  custody,  to  notify  the  Street  Commissioner 
of  the  fact,  stating  the  number  of  prisoners  available  for  work,  and  that 
officer  shall  designate  to  the  City  Marshal  the  street  crossings,  alleys, 
public  square,  sewer,  cistern,  or  other  property  of  the  City  upon  which 
the  labor  of  such  prisoners  may  be  required,  and  the  kind  of  work 
necessary  to  be  done,  and  thereupon  the  City  Marshal  shall  have  such 
work  performed  by  the  prisoners  in  his  charge,  as  far  as  practicable. 

Sec.  3.  The  City  prisoners  must  labor  as  herein  provided,  under 
the  direction  of  the  City  Marshal,  his  deputy,  the  Street  Commissioner, 
or  any  Policeman,  whose  duty  it  shall  be  to  see  that  the  prisoners  are 
guarded  to  prevent  escapes,  and  if  necessary  he  may  shackle  them. 

Sec.  4.  No -prisoner  shall  be  required  to  labor  over  ten  (ioj  hours 
in  one  day.  If  prisoners  shall  refuse  to  labor  when  directed  by  the  City 
Marshal  or  his  deputy,  they  shall,  for  every  such  refusal,  be  closely 
confined  in  the  City’  jail,  with  no  food  except  bread  and  no  drink  except 
water,  for  a period  of  twenty-four  hours. 

Sec.  5.  At  the  first  regular  meeting  of  the  Council  of  each  month 
the  City  Marshal  shall  report  the  names  of  the  prisoners  who  have  per- 
formed work  during  the  preceding  month,  together  with  the  number  of 
days  work  performed  by  each  prisoner,  the  kind  of  work  performed  and 
the  aggregate  number  ot  days  work  performed  during  the  month. 

SEC.  6.  This  ordinance  shall  not  be  construed  to  require  any 
female  prisoner  to  perform  labor,  nor  to  require  any  prisoner  to  perform 
labor  on  Sunday.  The  term  prisoner  or  City  prisoner,  as  used  in  this 
ordinance,  shall  be  construed  to  mean  all  persons  who  have  been  or 
may  be  sentenced  to  imprisonment  for  violation  of  any  City  ordinance 
or  committed  for  non-payment  of  any  fine  for  violation  thereof. 

Sec.  5.  this  ordinance  to  take  effect  and  be  in  force  from  and  after 
its  passage  and  publication. 

Passed  the  Common  Council,  September  10,  1878. 


Approved,  September  13,  1878. 

JAMES  McAULIFF, 
Mayor. 


C.  E.  WHITNEY, 

City  Clerk. 


194 


ORDINANCES  OF  THE 


ORDINANCE  NO.  20. 

AN  ORDINANCE  TO  PREVENT  AND  PUNISH  TRESPASS  UPON  THE  PUB- 
LIC SQUARES  AND  OTHER  PUBLIC  PROPERTY  OF 
THE  CITY  OF  WALLA  WALLA. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  If  any  person  shall  wilfully  trespass  upon  any  of  the 
public  squares  or  other  public  property  of  the  City  of  Walla  Walla,  or 
shall  cut,  remove  or  deface,  or  in  any  manner  injure  any  fence,  gate  or 
inclosure  placed  around  any  public  square,  or  shall  break  into,  injure 
or  unlawfully  occupy  any  building  belonging  to  or  under  the  control  of 
the  City,  or  shall  unlawfully  place,  or  cause  to  be  placed  upon  such  pub- 
lic square  or  other  public  property,  any  wood,  lumber,  coal  or  merchan- 
dise, or  other  article  or  thing  whatever,  he  shall,  upon  conviction,  be 
fined  in  any  sum  not  to  exceed  fifty  dollars  or  to  imprisonment  not  to 
.exceed  fifteen  days. 

Sec.  2.  This  ordinance  to  be  in  force  from  and  after  'its  passage 
and  publication. 

Passed  the  Common  Council,  September  10,  1878. 

C.  E.  WHITNEY. 

City  Clerk, 

Approved,  September  13,  1878. 

JAMES  McAULlFF, 

Mayor. 


ORDINANCE  NO.  22. 

AN  ordinance  to  provide  for  the  location  of  shade  and 
ornamental  trees  in  the  streets  of  walla  walla 

CITY  AND  TO  PUNISH  INJURY  TO  THE  SAME. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  All  shade  and  ornamental  trees  that  shall  hereatter 
be  planted  in  the  streets  of  Walla  Walla  City  shall  be  placed  at  the 
distance  of  ten  and  one-half  feet  from  the  line  of  block  in  eighty-foot 
streets,  and  fourteen  feet  from  line  of  block  in  one  hundred  foot  streets, 
and  shall  be  trimmed  from  time  to  time  as  the  Street  Commissioner 
shall  direct,  or,  in  default  thereof,  the  Street  Commissioner  may  trim 
such  trees  in  the  months  of  February,  March  or  April  if  he  deem  it 


CITY  OF  WATT  A WATTA 


195 


necessary  to  the  beauty  or  convenient  use  of  the  street,  and  the  expense 
shall  be  paid  by  the  owner  of  the  property  to  which  such  trees  are 
adjacent. 


Sec.  2.  Shade  and  ornamental  trees  planted  or  growing  within  the 
streets,  as  permitted  by  this  ordinance,  may  be  protected  by  such  tem- 
porary fences  or  structures  as  the  Street  Commissioner  may  approve  to 
be  removed  under  the  direction  of  the  Street  Commissioner  when  ’in- 
structed  by  the  Council. 

Sec.  3.  Any  person  who  shall  cut,  break,  girdle,  or  in  any  way  in- 
jure any  shade  or  ornamental  tree  or  tree-box,  or  ornamental  shrub'that 
have  been  planted  or  may  hereafter  be  planted  upon  any  of  the  public 
streets  or  grounds  of  this  City,  shall,  upon  conviction  thereof  be  fined 
in  any  sum  not  exceeding  fifty  dollars,  and  may  be  imprisoned  until 
such  fine  and  the  costs  of  prosecution  are  paid. 

SEC.  4.  Any  person  who  shall,  in  the  day  or  night  time,  hitch  or 
tie  any  horse,  mule,  team  or  other  animal  or  animals  to  any  shade  tree 
standing  or  growing  in  any  of  the  streets  or  public  grounds  of  this  City 
without  permission  of  the  owner  of  such  tree  ©r  trees,  shall,  on  convic- 
tion, be  fined  in  any  sum  not  exceeding  ten  dollars,  to  be  collected  and 
paid  as  other  fines. 

SEC.  5.  This  ordinance  to  take  effect  and  be  in  force  from  and  after 
its  passage  and  publication. 

Passed  the  Common  Council  September  24,  1878. 


Approved,  September  27,  1878. 


C.  E.  WHITNEY, 

City  Clerk. 


JAMES  McAUTIFF, 
Mayor. 


ORDINANCE  NO.  26. 

AN  ORDINANCE  PROVIDING  FOR  THE  GRADING  AND  IMPROVEMENT 
OF  STREETS  AND  ALLEYS,  AND  ASSESSING  AND  COEEECT- 
ING  THE  COSTS  OF  THE  SAME. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  City  Council,  whenever  it  deems  it  expedient 
to  establish  or  alter  the  grade  of  any  street  or  alley  of  the  City  or  to 
pave  or  plank  or  otherwise  improve  any  such  street  or  part  of  street, 


i96  ’ ORDINANCES  OF  THE 

now  or  heretofore  laid  out  or  established  within  the  corporate  limits  of 
the  City,  shall  cause  a survey  and  diagram  of  said  grade,  alteration  or  a 
specification  of  such  other  improvement,  together  with  an  estimate  of 
the  probable  cost  of  the  same,  to  be  made  by  the  City  Surveyor.  And 
the  said  survey  and  estimate  shall  be  filed  in  the  office  of  the  Clerk  of 
the  City  for  inspection  by  all  persons  interested  therein,  and  a notice  of 
the  intention  to  grade,  pave  or  otherwise  improve  said  street,  and  of  the 
filing  of  the  said  survey,  specification  and  estimate  shall  be  given  by 
two  weekly  publications  in  the  paper  doing  the  City  printing.  Such 
notice  must  specify,  with  convenient  certainty,  the  street  or  part  thereof 
proposed  to  be  improved  or  of  which  the  grade  is  to  be  established  or 
altered,  and  the  kind  of  improvement  which  is  proposed  to  be  made; 
provided,  however,  that  the  said  notice  shall  not  be  published  as  afore- 
said whenever  the  owner  or  owners  of  a majority  of  the  property  to  be 
assessed  for  said  improvement  or  alteration  shall,  in  writing,  petition 
the  City  Council  therefor. 

Sec.  2.' 

Sec.  3.  - After  said  notice  has  been  given  by  publication,  as  re- 

quired by  Section  1 of  this  ordinance,  or  said  improvement  has  been 
petitioned  for,  as  therein  provided,  the  City  Council,  by  a five-sevenths 
vote,  may,  at  any  time  within  six  months,  establish  the  proposed  grade 
or  make  the  proposed  improvement  in  said  street  or  alley,  according  to 
said  notice  or  petition. 

SEC.  4.  In  all  cases  where  the  Council  shall  order  by  ordinance  the 
grading,  planking,  paving  or  graveling  of  any  street  or  part  of  a street 
of  the  City,  and  the  cost  thereof  has  been  duly  estimated  and  deter- 
mined, the  Council  shall,  before  proceeding  with  the  execution  of  such 
work,  cause  an  appraisement  and  assessment  of  the  property  adjacent 
to  said  improvement  and  assessable  for  the  costs  thereof,  as  follows  : 
An  Assessor  shall  be  appointed  and  sworn  to  assess  all  lots  or  parts  of 
lots  or  lands  abutting  on  said  said  street  and  adjacent  to  said  improve- 
ment, at  the  actual  value  of  said  lots  or  parts  of  lots  or  lands,  irrespec- 
tive of  the  improvements  or  structures  thereon,  and  the  whole  costs  of 
grade,  paving,  planking  or  other  improvement  shall  be  assessed  prorata 
on  said  lots,  parts  of  lots  or  lands  as  aforesaid,  according  to  the  assessed 
value  thereof,  and  a tabulated  statement  of  said  appraisement  and  as- 
sessment when  made  shall  be  returned  and  filed  with  the  City  Clerk, 
and  a notice  thereof  published  in  the  paper  doing  the  City  printing. 
Such  statement  shall  show  the  number  and  size  of  each  lot,  the  value 
thereof  and  the  amount  for  which  it  is  assessed  and  the  name  or  names 
of  the  owner  or  owners  thereof. 

1 Repealed  by  ordinance  No.  32. 

2 As  amended  by  ordinance  No.  32. 


197 


CITY  OF  WALLA  WALLA. 


Sec.  5.  Any  person  feeling  himself  aggrieved  by  such  appraise- 
ment or  assessment  may  apply  to  the  City  Council  to  be  heard  thereon, 
and  the  Council  may  then  make  such  modification  of  said  appraisement 
or  assessment  as  to  them  may  seem  just. 

SEC.  6.  If  no  remonstrance  be  made  to  said  assessment,  or  if  made 
thereafter  the  same  has  been  heard  and  acted  upon,  the  City  Council 
shall  approve  the  said  appraisement  and  assessment  as  made  or  modi- 
fied by  them,  and  the  owners  of  the  property  assessed  shall  be  noti- 
fied by  the  City  Clerk  to  pay  to  the  City  Treasurer,  within  ten  days 
thereafter,  the  sum  due  by  them  respectively  on  said  appraisement 
and  assessment  of  their  said  property  as  shown  by  said  tabulated 
statement. 

SEC.  7.  For  the  purpose  of  ascertaining  who  is  the  owner  of  any 
lot,  or  part  of  lot,  or  land  assessed  for  the  improvement  of  any  street  of 
the  City,  the  City  Clerk  shall  procure  the  certificate  of  the  County  Audi- 
tor of  Walla  Walla  Comity,  stating  who  is  the  owner  thereof  at  the  time 
of  the  assessment  as  appears  from  the  County  records. 

SEC.  8.  When  the  tabulated  appraisement  and  assessment  has  been 
approved  by  the  City  Council  as  provided  for  in  Section  6 of  this  ordi- 
nance, the  same  shall  be  filed  with  the  Recorder  of  Walla  Walla  County 
and  recorded  in  the  book  of  mortgage  liens  on  real  estate  and  shall  be  a 
lien  from  that  date  011  the  lots,  parts  of  lots,  or  lands  described  therein 
for  the  several  sums  assessed  against  the  same  respectively.  And  as  fast 
as  the  same  are  paid  to  the  City  Treasurer  he  is  authorized  to  release 
said  lien  for  the  amount  so  paid  on  the  particular  lot  or  part  of  lot  for 
which  said  assessment  has  been  paid,  and  said  lot  shall  be  henceforth 
discharged  from  said  lien. 

SEC.  9.  In  the  event  said  assessments  are  not  paid  within  the  time 
fixed  by  the  Council,  or  such  further  time  as  the  Council  may  grant,  the 
the  said  assessment  shall  be  collected  by  suit  and  foreclosure  as  in  case 
of  other  liens  011  real  property,  together  with  the  interest  thereon  from 
the  da}7  on  which  said  assessment  was  in  default,  and  five  per  centum 
in  addition  thereto  upon  the  sum  due  to  pav  the  expense  of  collecting 
the  same. 

Sec.  10.  All  money  paid  or  collected  upon  assessment  for  any  of 
the  objects  specified  in  this  ordinance  shall  be  kept  by  the  City  Treas- 
urer as  a separate  fund,  and  shall  be  used  for  the  purpose  of  making 
said  improvement,  and  shall  in  no  case  be  used  for  any  other  purpose 
whatever. 

Sec.  11.  All  money  due  for  assessments  under  this  ordinance 
shall  bear  ten  per  cent,  interest  per  annum  from  the  day  they  become 
delinquent. 


1 98 


ORDINANCES  OF  THE 


SEC.  12.  All  expenses  for  survey,  assessment  and  estimates  under 
this  ordinance  for  the  grade  or  improvement  of  any  street  or  alley, 
shall  be  charged  to  and  form  a part  of  the  expense  of  said  improve- 
ment. 

Sec.  13.  Whenever  the  grade  of  any  street  or  alley  shall  have  been 
established  by  the  City,  and  the  City  Council  shall  thereafter  change  or 
alter  the  same  in  such  a manner  as  to  cause  injury  to  any  building  there- 
tofore erected  on  any  lot  fronting  on  said  street  or  whenever  in  widen- 
ing or  extending  any  street  or  alley,  or  in  laying  out  and  opening  any 
street,  it  shall  become  necessary  to  condemn  any  private  property  for 
public  use,  the  proceedings  therefor  shall  be  prosecuted  in  the  manner 
pointed  out  in  Sections  No.  109,  no  and  in  of  the  City  charter  and  the 
ordinances  of  the  City  in  relation  thereto. 

SEC.  14.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council  October  22,  1878. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  October  25,  1878. 

JAMES  Me AU TIFF, 

Mayor. 


ORDINANCE  NO.  27. 

TO  regulate  the  letting  of  contracts  for  street  work. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

SECTION  i.  Whenever  the  Common  Council  shall  by  ordinance 
provide  for  the  time  and  manner  of  improving  any  street  or  streets  in 
the  City  of  Walla  Walla,  and  an  estimate  of  the  work  to  be  done  has 
been  made,  the  committee  on  streets  and  public  improvements  are  here- 
by authorized  to  advertise  for  proposals  and  enter  into  contract  on  be- 
half of  the  City  for  the  furnishing  of  material  and  performing  the  labor 
necessary  for  the  completion  of  the  proposed  impovement,  subject  to 
the  restrictions  and  regulations  hereinafter  provided. 

SEC.  2.  A notice  shall  be  published  not  less  than  fifteen  days  in 
the  paper  doing  the  City  printing,  specifying  the  name  of  the  street,  the 
the  part  thereof  proposed  to  be  improved,  the  number  of  the  ordinance 
providing  therefor,  and  the  time  of  letting.  No  bid  shall  be  received  after 
the  time  specified  in  the  notice,  and  in  such  notice  the  right  to  reject 
any  and  all  such  bids  shall  be  reserved. 


CITY  OF  WALLA  WALLA. 


199 


SEC.  3.  Bids  must  specif}-  the  price  per  cubic  yard  for  grading,  the 
price  per  lineal  foot  for  all  wood  work,  opposite  the  number  upon  each 
block  bid  upon.  Bach  bid  shall  be  accompanied  with  the  undertak- 
ing, properly  verified  by  two  freeholders,  in  the  sum  of  five  hundred 
dollars,  to  the  effect  that  if  a contract  be  awarded  to  such  bidder 
he  will  enter  into  the  contract  and  give  security  for  its  faithful  per- 
formance within  forty-eight  hours  after  receiving  notice  of  such  award. 


Sec.  4-  As  soon  after  the  time  fixed  for  receiving  bids  as  practicable, 
the  committee  on  streets  and  public  improvements  shall  open  the  same 
and  award  the  same  to  the  lowest  responsible  bidder  or  bidders,  if  in 
their  judgment  such  bids  are  not  unreasonable  ; provided,  however,  that 
an  unreasonable  bid  or  a bid  for  less  than  all  of  one  class  of  work  charge- 
able to  one  block  or  a bid  that  does  not  conform  to  the  provisions  of 
this  ordinance,  shall  be  rejected. 


SEC.  5.  Whenever  the  committee  on  streets  and  public  improve- 
ments and  the  Street  Commissioner  shall  report  to  the  Common  Coun- 
cil that  a contractor  for  work  upon  the  streets  has  failed  to  complete 
his  contract  within  the  time  or  in  the  manner  specified  therein,  the 
Common  Council  may,  by  resolution  declare  said  contractor  delin- 
quent, and  thereafter  no  bid  shall  be  received  from  such  person  or 
persons. 

SEC.  6.  The  committee  on  streets  and  public  improvements  upon 
awarding  a contract  or  contracts  as  hereinbefore  provided,  shall  fix  the 
amount  of  bond  to  be  given  by  each  contractor,  and  upon  receiving  a 
statement  of  such  award  and  amount  of  bond,  it  is  hereby  made  the  duty 
of  the  City  Attorney  to  prepare  such  bond  and  contract  in  accordance 
with  the  award. 


Sec.  7*  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 


Passed  the  Common  Council  November  19,  1878. 


Approved,  November  22,  1878. 


C.  E.  WHITNEY, 

City  Clerk. 


JAMES  McAULIFF, 

Mayor. 


200 


ORDINANCES  OF  THE 


ORDINANCE  NO.  36. 

AN  ORDINANCE  TO  PREVENT  CRUELTY  TO  ANIMALS. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  Every  person  who  shall  cruelly  use,  beat,  torment,  or 
over-load  or  overdrive  any  horse,  ox,  mule,  or  other  animal,  whether  be- 
longing to  himself  or  to  another,  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  exceeding  one  hundred  dollars. 

SEC.  2.  An3T  person  having  charge  of  any  horse,  or  mule,  or  team, 
who  shall  permit  the  same  to  stand  in  the  public  streets  for  a period  of 
more  than  ten  hours,  shall  be  deemed  guilty  of  a misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  less  than  five  nor  more  than  twenty 
dollars. 

Sec.  3.  It  is  hereby. made  the  duty  of  the  City  Marshal  and  his 
deputies,  and  every  policeman  of  the  City,  to  arrest  any  person  who  shall 
be  found  violating  any  of  the  provisions  of  Sections  1 and  2 of  this  ordi- 
nance, and  also  to  take  charge  of  the  animal  or  animals  being  so  cruelly 
used  and  to  keep  the  same  at  the  expense  of  the  owner  until  such  case 
is  disposed  of. 

Sec.  4.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 

Passed  the  Common  Council  March  25,  1879. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  March  26,  1879. 

JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  50. 

AN  ORDINANCE  FOR  THE  PROTECTION  OF  SURVEY  MONUMENTS  ESTAB- 
LISHED BY  THE  CITY  SURVEYOR. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  to  dig  up,  remove 
or  deface  any  survey  monument  or  corner  post  or  stake,  now  or  here- 
after planted  or  established  by  the  City  Surveyor,  or  by  his  authority, 
within  the  limits  of  the  City. 

SEC  2.  Any  person  or  persons  violating  Section  r of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor,  and  on  conviction  there- 
of, shall  be  fined  in  any  sum  not  less  twenty- five  nor  more  than  one 


hundred  dollars,  and  shall  be  imprisoned  until  such  fine  and  costs  are 
paid,  not  exceeding  twenty  days,  and  shall  be  further  liable  in  a civil 
action  for  the  expense  of  re-establishing  said  monument. 

Sec.  3.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council  May  27,  1879. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved,  May  30,  1879. 

JAMES  Me  A UL I PE, 

Mavor. 


& 


ORDINANCE  NO.  55. 

AX  ORDINANCE  TO  PREVENT  THE  OBSTRUCTION  OF  THE  PUBLIC  STREETS 
AND  SIDEWAEKS. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  auctioneer  or  peddler  to  ob- 
struct an}r  of  the  streets  or  sidewalks  of  this  City  by  collecting  thereon 
articles  for  sale  by  public  outcry,  or  to  hold  any  auction  sale  on  any 
sidewalk  or  public  street  111  this  City,  unless  by  special  permit  of  the 
Mayor  of  the  City  for  such  sale. 

SEC.  2.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor  and,  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense,  and  shall  stand  committed  until  such 
fine  be  paid 

SEC.  3.  No  person  or  persons  shall  feed  their  teams  in  the  pub- 
lic streets’ in  front  of  any  public  building  or  private  residence,  without 
the  consent  of  the  owner  or  owners  or  residents  therein,  and  any  per- 
son offending  against  this  provision  shall  be  fined  in  the  sum  of  five 
dollars. 

SEC.  4.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council  October  7,  1879. 

C.  E.  WHITNEY, 

City  Clerk. 

Approved.  October  9,  1878. 

JAMES  Me AU LIFE. 

Mavor 


ill 


II 


202 


ORDINANCES  OF  THE 


ORDINANCE  NO.  56. 

AN  ORDINANCE  To  ESTABLISH  THE  RATES  AND  FARES  FOR  HACKS  AND 
CARRIAGES  IN  THK  CITY  OF  WALLA  WALLA. 

The  City  of  Walla  Walla  does  ordain  as  follows: 


Section  i.  It  shall  be  unlawful  for  any  person  to  charge  or  de- 
mand for  the  transportation  of  passengers  any  other  or  greater  fare  than 
as  follows . 

To  or  from  the  railroad  depot,  to  or  from  any  part  of  the  City  with 
one  passenger  and  50  pounds  of  baggage,  fifty  cents. 

From  any  part  of  the  City  to  the  garrison  or  race  track,  one  dollar. 

From  one  part  of  the  City  to  another,  fifty  cents. 

SEC.  2.  Any  person  demanding  or  collecting  a higher  rate  than 
herein  established  shall  be  deemed  guilty  of  a misdemeanor  and  shall, 
on  conviction,  for  each  offense  be  fined  five  dollars  and  costs, of  convic- 
tion. 

SEC.  3 This  ordinance  to  be  in  force  from  and  after  its  passage 
and  publication. 

Passed  the  Common  Council.  October  7,  1879. 

C.  K.  WHITNEY, 

City  Clerk. 

Approved,  October  9,  1879. 

JAMES  McAUEIFF. 

Mayor. 


ORDINANCE  NO  57. 

AN  ORDINANCE  ESTABLISHING  AND  REGULATING  THE  POLICE  OF  THE 
CITY  OF  WALLA  WALLA. 

The  City  of  Walla  Walla  Does  Ordain  as  follows  : 

.Section  i.  That  the  City  Marshal  and  one  policeman  shall  con- 
stitute the  regular  police  force  of  this  City  until  otherwise  ordered,  but 
on  petition  of  any  number  of  citizens  special  policemen  may  be  ap- 
pointed by  the  vote  of  the  Council,  said  policeman  to  possess  the  same 
power  and  authority  as  the  regular  police,  but  to  receive  no  monthly 
pay  from  the  City,  and  to  hold  their  positions  during  the  will  of  the 
Council. 


CITY  OF  WAL,!, A WALLA. 


203 


SEC.  2 The  City  Marshal  shall  be  the  Chief  of  Police,  and  all  gen- 
eral and  special  policemen  shall  in  all  cases  be  under  his  command,  and 
any  failure  on  the  part  of  any  policeman  to  obey  the  lawful  order  of  the 
Marshal  shall  be  cause  of  removal  or  suspension. 

Sec.  3.  In  cases  of  riots  or  other  emergencies  when  the  City  police 
are  unable  to  maintain  the  peace  the  City  Marshal  may,  with  the  con- 
sent of  the  Mayor,  appoint  as  many  special  deputies  as  may  be  necessary 
to  maintain  order,  who  shall  possess  the  same  powers  as  the  regular 
police  as  to  arrests,  etc.,  and  who  shall  be  paid  such  compensation  for 
their  services  as  to  the  Council  may  seem  just,  but  said  deputies  shall 
not  continue  to  serve  after  peace  and  order  has  been  restored  unless 
specially  authorized  by  the  Mayor. 

Sec.  4.  The  Street  Commissioner  shall  have  all  the  authority  of  a 
regular  policeman,  and  when  required  by  the  Marshal  shall  act  as  such, 
provided,  however,  that  such  order  does  not  interfere  with  the  discharge 
of  his  duties  as  Street  Commissioner. 

SEC.  5.  This  ordinance  to  be  in  force  from  and  after  its  passage  and 
publication. 

Passed  the  Common  Council  October  21,  1879 

C.  R.  WHITNRY, 

City  Clerk. 

Approved.  October  23,  1879 

JAMRS  McAULIFF, 

Mayor. 


ORDINANCR  NO.  72. 

AN  ORDINANCE  GRANTING  A RIGHT  OF  WAY  TO  THE  WADE  A WALLA 
AND  COLUMBIA  RIVER  RAILROAD  COMPANY  AND  ITS  SUCCESSORS 
IN  INTEREST  OVER  CERTAIN  STREETS  AND  ALLEYS 
IN  WALLA  WALLA  CITY. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  1.  That  the  Walla  Walla  & Columbia  River  Railroad  Com- 
pany, its  successors  and  assigns,  be  and  they  are  hereby  authorized  and 
empowered  to  lay  down  and  construct  its  track  on,  over  and  along  any 
street  or  streets,  alley  or  alleys,  lying  north  of  the  northerly  line  of 
Main  street,  and  to  maintain  and  operate  the  same,  and  to  run  their  cars 
and  locomotives  over  the  same. 


204 


ORDINANCES  OF  THE 


SEC.  2.  Said  railroad  company  shall  at  all  times  keep  the  street  or 
streets  used  or  occupied  by  them  in  good  repair  along  the  line  of  their 
said  track,  and  their  said  rail  and  road  bed  shall  be  laid  as  near  as  prac- 
ticable on  the  grade  of  the  street  and  in  such  a manner  as  not  to  inter- 
fere with  the  use  of  the  street  by  teams  or  the  crossing  thereof  by  vehicles 
of  any  kind. 

SEC.  4.  This  ordinance  to  take  effect  and  be  in  force  from  and  after 
its  passage  and  publication. 


Passed  the  Common  Council  May  [9,  1880. 

C.  E.  WHITNEY, 

City  Clerk. 


Approved,  May  21,  18S0. 

JAMES  Me  AUDI  FF. 

Mayor. 


ORDINANCE  NO.  8r. 


AN  ORDINANCE  TO  ESTABLISH  A BASE  OF  GRADES  FOR  THE  CITY 
OF  WAEEA  WALEA. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  front  edge  and  west  end  of  the  iron  door  sill 
in  the  hallway  of  Reynolds  & Day’s  brick  building,  situated  on  lot  four 
(4)  in  block  thirteen  (13)  on  the  south  side  of  Main  street,  between  First 
and  Second  streets,  in  the  City  of  Walla  Walla,  be  and  the  same  is  here- 
by established  as  one  hundred  feet  above  the  base  of  grades  of  the  said 
City  of  Walla  Walla,  to  be  the  initial  benchmark  of  all  levels  hereafter 
run  in  the  said  City. 

SEC.  2.  All  grades  or  benchmarks  hereafter  established  in  the  City 
of  Walla  Walla  shall  be  established  with  reference  to  said  benchmark 
described  in  Section  1 of  this  ordinance. 


Sec.  3.  This  ordinance  to  take  effect  from  and  after  its  passage  and 
approval  by  the  Mayor. 


Passed  the  Common  Council  November  26,  1880. 


Approved,  November  28,  1S80. 


J.  L.  SHARPSTEIN, 

City  Clerk. 


JAMES  McAUIylFF, 

Mayor. 


ORDINANCE  NO.  82. 


AN  ORDINANCE  PRESCRIBING  THE  DUTY  OF  CITY  CLERK  AND  SURVEYOR 
IN  ESTABLISHING  OR  ALTERING  GRADES  OR  IMPROVEMENTS 
ON  .STREETS  OR  ALLEYS. 

The  City  of  11  ’ alia  14  'alia  does  Ordain  as  follows : 


Section  i.  As  soon  as  any  ordinance  or  resolution  of  the  Common 
Council  of  the  City  of  Walla  Walla  shall  have  passed  for  establishing  or 
altering  any  grade  or  improving  any  street  or  alley  of  said  City,  the  City 
Surveyor  shall  make  a survey  diagram  and  estimate  of  the  cost  of  any 
such  grade,  alteration  or  improvement  and  deposit  the  same  with  the 
City  Clerk  of  said  City 

SEC.  2.  As  soon  as  the  City  Clerk  of  said  City  shall  have  received 
said  survey  diagram  and  estimate,  he  shall  file  the  same  in  his  office  and 
there  keep  them  for  the  inspection  of  all  persons  interested  therein,  and 
shall  make  out  and  attest  and  cause  to  be  published  in  two  weekly  pub- 
lications in  the  newspaper  doing  the  City  printing  a notice  specif>ing 
such  filing,  the  street  or  alley  or  portion  thereof  proposed  to  be  improved 
or  grade  established  or  altered,  and  the  kind  of  improvements  proposed 
to  be  made. 

SEC.  3.  This  ordinance  to  take  effect  from  and  after  its  passage  and 
approval  by  the  Mayor. 

Passed  the  Common  Council  November  26,  1880. 


Approved,  November  28,  1880. 


J.  h SHARPvSTEIN, 

City  Clerk. 


JAMES  McAULIKF, 

Mayor, 


ORDINANCE  NO.  85. 

AN  ORDINANCE  CREATING  A STREET  DEPARTMENT. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  The  committee  on  streets  and  public  improvements,  the 
City  Surveyor  and  the  Street  Commissioner  shall  constitute  a street  de- 
partment. 

SEC.  2.  The  street  department  shall  have  charge  of  all  engineering 
and  public  surveying  to  be  done  within  the  limits  of  the  City  of  Walla 
Walla,  including  the  care  of  all  public  streets,  alleys,  roads,  highways, 


206 


ORDINANCES  OF  THE 


parks,  grounds,  sewers  and  bridges,  and  the  surveying  of  all  lines  of  lots, 
streets,  alleys  and  sidewalks,  and  other  lines  which  may  be  surveyed  by 
the  authority  of  the  Common  Council  and  of  all  street  improvements  and 
repairs. 

SEC.  3.  All  such  engineering  and  surveying  shall  be  done  by  the 
City  Surveyor. 

SEC.  4.  In  addition  to  the  duties  above  specified  the  City  Surveyor 
shall  cause  to  be  kept  a record  of  all  field  notes  of  surveys,  estimates  of 
improvements  or  repairs,  and  work  done  in  pursuance  of  the  provisions 
of  this  ordinance  or  by  the  authority  of  the  Common  Council.  And 
when  required  he  shall  issue  certificates  of  surveying  done  for  private 
parties. 

SEC.  5.  The  City  Surveyor  shall  cause  to  be  placed  line  monu- 
ments and  benchmarks,  not  farther  apart  than  at  the  intersection  of 
every  third  street. 

SEC.  6.  The  City  Surveyor  shall  take  charge  of  all  profiles  of 
grades,  and  shall  furnish  the  City'  Clerk  with  a table  of  grades  written 
up  to  date  for  ready  reference. 

SEC.  7.  The  City  Surveyor  shall  keep  an  office  at  some  convenient 
place.  All  people  interested  shall  be  allowed  to  examine  maps  and  pro- 
files of  grades  at  said  office  and  said  City  Surveyor  shall  give  to  property 
owners,  contractors  and  other  interested  parties  such  information  as  may 
be  necessary  and  proper. 

SEC  8.  The  City  Surveyor  shall  have  supervision  of  the  grade  of 
all  public  streets  and  improvements  in  the  City,  and  shall  issue  joint 
certificates  with  the  Street  Commissioner  upon  the  completion  of  any 
work,  either  done  by  order  of  the  Common  Council  or  by  the  authoritv 
of  permits. 

SEC.  9.  The  City  Surveyor  shall  be  allowed  a salary  of  fifty  dollars 
per  month.1  When  in  the  judgment  of  the  street  committee  it  shall  be- 
come necessary  he  shall  be  allowed  a chain-bearer  or  rodman  for  work 
in  the  field,  at  a compensation  not  to  exceed  two  dollars  and  fi f ty  cents 
per  diem,  when  actually  employed. 

Sec.  10.  All  work  done  as  above  specified  by  order  of  the  City  of 
Walla  Walla  or  in  pursuance  of  ordinances  made  by  said  City,  shall 
be  subject  to  the  approval  of  the  committee  on  streets  and  public  im- 
provements. 

Sec.  11.  That  the  City  Surveyor,  before  entering  upon  the  duties 
of  his  office  and  within  ten  days  after  the  approval  of  this  ordinance, 

1 Ordinance  No.  536,  fixes  compensation  at  $5.00  per  day  for  each  day  actually  em- 
ployed. 


CITY  OF  WAFT  A WAFF  A. 


207 


shall  excute  a bond  to  the  City  of  Walla  Walla  in  the  sum  of  one  thou- 
sand dollars,  payable  in  United  States  gold  or  silver  coin,  with  sufficient 
sureties,  to  be  approved  by  his  honor  the  Mayor,  conditioned  that  he 
will  well  and  faithfully  perform  the  duties  of  his  office. 

SEC.  12.  That  the  Street  Commissioner  shall  perform  the  duties  of 
his  office  as  laid  in  Ordinance  No.  r 6,  and  such  other  duties  as  the  Com- 
mon Council  shall  from  time  to  time  direct. 

SEC.  13.  All  ordinances  or  parts  of  ordinances  conflicting  with  this 
ordinance  are  hereby  repealed. 

Passed  the  Common  Council  December  21.  1880. 

J.  F.  SHARPSTEIN, 

City  Clerk. 

Approved,  December  21,  1880. 

JAMES  McAUFIFF, 

Mayor. 


ORDINANCE  NO.  88. 

AN  ORDINANCE  ESTABLISHING  THE  GRAD?:  OF  MAIN  STREET  IN  THE  CITY 
OF  WALLA  WALLA,  FROM  FIRST  STREET  TO  RITZ  AVENUE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  grades  of  Main  street  in  the  City  of  Walla  Walla, 
at  the  intersections  of  the  center  lines  shall  be  and  are  hereby  estab- 
lished at  the  heights  above  the  base  of  grades  of  said  City  as  follows  : 

First  street,  101.50;  Second  street,  97.70;  Third  street,  9264; 
Fourth  street,  84.77  ; Fifth  street.  80.21;  Sixth  street,  75.65;  Seventh 
street,  71.09  ; Eighth  street,  66.53;  Ninth  street,  61.97;  Tenth  street, 
57.85  ; Eleventh  street,  54.05  ; Twelfth  street.  49  30  ; Ritz  Avenue,  44  55. 

Sec.  3.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval  by  the  Mayor. 

Passed  the  Common  Council  January  4,  1881. 

J.  F.  SHARPSTEIN, 

City  Clerk. 

Approved  January  5,  1881. 

JAMES  McAUFIFF, 

Mayor. 


208 


ORDINANCES  OF  THE 


ORDINANCE  NO.  91. 


TO  PROVIDE  FOR  KKKPING  SIDEWALKS  FREE  FROM  SNOW  AND  ICE. 
The  City  of  Wat  la  Malta  does  Ordain  as  follows : 

Section  i.  That  all  persons  occupying  property  on  any  and  all 
streets  within  the  corporate  limits  where  sidewalks  are  laid,  shall  and 
they  are  hereby  required  to  keep  the  same  clear  from  snow  and  ice; 
provided,  that  in  cases  of  vacant  lots  the  owner  thereof  shall  cause  the 
sidewalks  in  front  of  the  same  to  be  cleared  as  heretofore  provided. 

Sec.  2.  Any  person  failing  to  comply  with  the  requirements  of  this 
ordinance  shall  be  subject  to  arrest  and  fine  in  a sum  not  to  exceed 
twenty  dollars  and  costs  ; provided,  that  no  arrest  shall  be  made  within 
eighteen  hours  after  the  cessation  of  any  storm  of  snow. 


Sfx.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 

Passed  the  Common  Council  January  iS,  1881. 

• 

J.  L.  SHARPSTEIN, 

City  Clerk. 

Approved.  January  18,  i88r. 

JAMES  McAUEIFF, 

Mayor. 


ordinance:  no.  93. 

AN  ORDINANCE  TO  PROVIDE  FOR  NUMBERING  BUILDINGS. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  There  shall  be  a uniform  system  of  numbering  all 
houses,  stores,  and  other  buildings,  except  sheds  and  outbuildings  erected 
or  to  be  erected  within  the  City  limits, by  placing  on  the  door  or  doorframe 
of  the  main  entrance  to  said  buildings,  or  as  near  thereto  as  practicable, 
the  number  assigned  thereto,  as  hereafter  provided.  Said  numbers  to 
be  painted  onthe  building  or  on  metal  or  glass,  or  a metallic  figure,  used 
at  the  option  of  the  owner,  and  so  placed  as  to  be  readily  seen  from  the 
street.  The  figures  designating  the  number,  whether  painted  or  other- 
wise, to  be  not  less  than  one  and  three-quarters  inches  in  height. 

Sf:c.  2.  That  the  plan  entitled  “Plan  for  numbering  buildings  in 
the  City  of  Walla  Walla,”  reported  to  the  Common  Council  by  a special 
committee,  dated  January  17,  i88r,  be  and  the  same  is  hereby 
adopted  as  the  official  plan  for  numbering  buildings  within  the  City 
limits. 


CITY  OF  WALLA  WALLA.  209 

Skc.  3.  Jliat  the  names  of  all.  streets  intersecting  with  Second 
street  and  lying  on  the  easterly  side  thereof  shall  be  prefixed  by  the 
word  "east,”  as  "Hast  Main  street,”  "Fast  Rose  street,”  etc.,  etc.  And 
the  names  of  all  streets  intersecting  with  Main  street,  and  lying  on 
the  northerly  side  thereof,  shall  be  prefixed  with  the  word  "north,”  as 
“North  Second  street,”  "North  Third  street,”  etc.,  etc. 


Skc.  4.  All  houses  or  buildings  now  erected  shall  be  numbered 
as  herein  provided  on  or  before  the  first  day  of  March,  iSSr,  and  all 
houses  or  buildings  hereafter  erected  shall  be  numbered  before  being 
occupied. 

SKC.  5.  . The  owner  of  any  house  or  building  required  by  this  ordi- 
nance to  be  numbered  who  shall  fail,  refuse  or  neglect  to  comply  with 
the  provisions  of  this  ordinance,  shall,  upon  conviction  before  the  Citv 
Justice,  be  subjected  to  a fine  not  less  than  five  (5)  nor  more  than  ten 
(10)  dollars. 

Skc.  6.  1 lie  committee  on  streets  and  public  improvements  are 

hereby  authorized  to  cause  proper  numbers  to  be  placed  on  all  engine 
houses  and  public  buildings. 

vSkC.  7.  I he  City  Clerk  is  hereby  authorized  and  instructed  to  have 
the  within-named  pian  framed  and  hung  in  a conspicuous  place  in  his 
office  for  the  inspection  of  parties  interested. 


Passed  the  Common  Council  January  iS,  ]S8i. 


Approved.  January  iS.  i88r. 


J.  L.  SHARPSTEIN, 

City  Clerk. 


JAMKS  McAULII'F, 

Mayor. 


ORDINANCE  NO.  94. 

AN  ordinance:  to  ahokish  signs  over  sidewalks. 

7 he  City  of  Walla  Walla  does  Ordain  as  follows : 

I hat  it  shall  be  unlawful  to  place  or  maintain  any  sign  or  other 
heavy  substance,  except  awnings,  over  any  sidewalk  in  the  City  of  Walla 
Walla,  and  any  person  who  erects  or  maintains  ail)*  such  sign  or  sub- 
stance aforesaid  shall  be  fined  for  such  offense  in  a sum  not  less  than  five 


210 


ORDINANCES  OF  THE 


dollars  nor  more  than  forty  dollars  ; provided,  that  such  persons  as  have 
such  signs  or  substance  now  erected  shall  not  be  liable  until  thirty  days 
after  the  publication  of  this  ordinance 


Passed  the  Common  Council,  February  i,  1881. 


Approved,  February  2,  i8Sr. 

JAMES  McAULIFF, 

Mayor. 


EE  F.  A.  SHAW. 

City  Clerk. 


ORDINANCE  NO.  97. 

AN  ORDINANCE  TO  PROHIBIT  THE  PURCHASE  OF  ANY  A R TIC  EE  OR 
CONTRACTION  OF  ANY  DEBT  WITHOUT  ORDER 
FROM  COMMITTEE. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

No  steward  or  other  officer  of  the  City  of  Walla  W'alla  shall  purchase 
any  article  or  contract  any  debt  for  said  City,  except  upon  a written 
order  or  requisition  first  had  and  obtained  from  that  committee  of  the 
Council  having  charge  of  the  particular  department  for  which  the  article 
is  required,  which  order  or  requisition  shall  particularly  state  the  nature 
and  quantity  of  each  article,  and  no  bill  shall  be  allowed  by  order  of 
the  Council  unless  such  order  or  requisition  of  the  committee  accom- 
pany the  same;  and  each  bill  so  presented  shall  contain  particulars  con- 
forming to  such  order  or  requisition  and  the  date  and  to  whom  each  ar- 
ticle was  delivered,  and  shall  be  accompanied  by  the  affidavit  of  the 
claimant  that  said  bill  is  true,  and  that  the  price  charged  for  each  article 
is  reasonable. 

Passed  the  Common  Council,  March  15,  1881. 

EE  F.  A.  SHAW, 

City  Clerk. 

Approved,  March  16,  1881. 

JAMES  McAUEIFF, 

Mayor. 


ORDINANCE  NO.  9«- 

an  ordinance  to  prohibit  the  obstruction  of  streets,  aeeeys 

AND  SIDEWALKS  OR  DIVERT  THE  WATER  OF  MILL  CREEK. 

The  City  of  Walla  l Valla  does  Ordain  as  follows: 

No  person  shall  obstruct,  by  any  permanent  substance,  the  streets, 


CITY  OF  WALLA  WALLA 


2 1 1 


alleys  or  sidewalks  of  the  City  of  Walla  Walla,  or  so  obstruct  or  divert 
the  natural  flow  of  the  waters  of  Mill  creek  so  that  the  obstruction  or 
diversion  shall  effect  or  threaten  to  effect  or  in  any  way  jeopardize  or 
injure  any  of  the  streets,  bridges,  alleys  or  sidewalks  of  said  City,  and 
any  person  guilty  thereof  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  dollars  and  the  cost  of  removing  the  said  obstruction,  or  of 
turning  the  waters  into  the  proper  channel,  and  it  shall  be  the  duty  o 
the  Street  Commissioner  to  enforce  this  ordinance  by  complaint  and  re- 
moving such  nuisance. 

Passed  the  Common  Council,  March  15,  1881. 

Le  F.  A.  SHAW, 

Citv  Clerk. 

Approved,  March  16,  1881. 

JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  102. 

AN  ORDINANCE  TO  AMEND  ORDINANCE  NO.  2,  ENTITLED  “AN  ORDI 
NANCE  DEFINING  OFFENSES  AND  FIXING  THE 
penalty  THEREOF.” 


The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  That  so  much  of  Ordinance  No.  2,  entitled  “An  Ordi- 
nance Defining  Offenses  and  Fixing  the  Penalty  Thereof,”  as  requires 
notice  of  failure  to  remove  a nuisance  as  a condition  precedent  to  con- 
viction, is  hereby  repealed,  and  any  person  erecting,  maintaining  or  suf- 
fering a nuisance  as  in  said  ordinance  defined,  shall  be  liable  to  the 
penalty  therein  prescribed  without  any  notice  except  such  as  the  publi- 
cation of  the  ordinances  give. 

Sec.  2.  Any  person  who  shall  permanently  obstruct  or  injure  any 
sidewalk  in  said  City  shall  be  liable  to  a fine  of  not  less  than  the  expense 
of  repairing  the  same,  nor  more  than  one  hundred  dollars  ; provided, 
that  in  case  the  cost  of  repair  shall  exceed  one  hundred  dollars,  the  City 
Attorney  shall  commence  actions  in  the  District  court  to  recover  the 
damage  done  to  such  sidewalk. 

Passed  the  Common  Council  April  19,  1881. 

Le  F.  A.  vSHAW, 

. 1 % 00  City  Clerk. 

Approved  April  20,  188  r. 

JAMES  McAULIFF, 

Mayor. 


212 


ORDINANCES  OF  THE 


ORDINANCE  NO.  1 19. 

AN  ORDINANCE  TO  PUNISH  THE  DISPOSAL,  OK  SPIRITUOUS  OR  MALT 
LIQUORS  TO  A MINOR,  OR  BY  FRAUDULENT  REPRE- 
SENTATIONS INDUCE  SAID  DISPOSAL. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

SECTION  r.  Any  person  who  shall  sell  or  give  any  spirituous  or 
malt  liquor  to  a minor  without  the  permission,  in  writing,  of  the  parent 
or  guardian  thereof,  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  less  than  ten  nor  more  than  lift}'  dollars. 

SEC.  2.  Any  minor  or  other  person  who  shall,  for  the  purpose  of 
inducing  a sale  or  gift  of  spirit  or  malt  liquors  to  a minor,  represent  that 
said  minor  is  twenty-one  or  more  years  of  age,  shall,  upon  conviction 
thereof,  be  fined  in  any  sum  not  less  than  ten  nor  more  than  fifty 
dollars 

Passed  the  Common  Council,  September  6,  1881. 

Ee  F.  A.  SHAW, 

City  Clerk. 

Approved,  Septembers,  1881. 

JAMES  McAUUFF, 

Mavor. 


ORDINANCE  NO  121. 

AN  ORDINANCE  TO  PUNISH  THE  DISPOSAL  OF  LIQUORS  OR  BEER  ON 
ELECTION  DAY. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : . 

Any  person  who,  ill  any  drinking  saloon  within  the  limits  of  Walla 
Walla  Citv,  during  the  voting  hours  011  any  day  of  the  City  or  Territor- 
ial election,  shall  sell  or  give  to  any  person  spirituous  or  malt  liquor, 
shall,  upon  conviction,  be  fined  in  any  sum  not  less  than  five  nor  more 
than  fifty  dollars. 

Passed  the  Common  Council,  September  6,  1881. 

EE  F.  A.  SHAW, 

City  Clerk. 

Approved,  September  8,  1881. 

JAMES  McAULIFF, 

Mayor. 


213 


CITY  OK  WALLA  WALLA. 


ORDINANCE  NO.  128. 


AN  ORDINANCE  TO  SUPPRESS  HOUSES  OF  PROSTITUTION. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

That  any  person  who  has  the  control  or  occnpancv  of  any  house  or 
room  within  the  City  of  Walla  Walla  who  shall  permit  the  same  to  be 
frequented  by  persons  notorious  for  lewdness,  or  who  conducts  herself  in 
a notoriously  lewd  manner  to  such  a degree  that  such  house  or  room 
shall  acquire  or  maintain  the  general  reputation  of  a house  or  room  of 
prostitution  shall  be  deemed  guilty  of  a misdemeanor  and  shall  be  fined 
iu  any  sum  not  exceeding  one  hundred  dollars. 

Passed  the  Common  Council  January  17,  1882. 


Approved,  January  18,  1882. 

JAMES  McAULIFF. 

Mayor. 


Le  F.  A.  SHAW. 

City  Clerk. 


ORDINANCE  NO.  129. 

AN  ORDINANCE  TO  IJCENSE  AND  REGULATE  RUNNERS  AND  SOLICITORS 
FOR  HOTELS  AND  LODGING  HOUSES. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  no  person  shall  solicit  custom  from  the  traveling 
public  for  any  hotel,  lodging  or  boarding  house  until  he  shall  have  ob- 
tained a license  and  badge  therefor. 

Sec.  2.  That  any  person  desiring  to  follow  soliciting  for  any  hotel, 
boarding  or  lodging  house  shall  pay  (for  each  quarter  he  follows  said 
business)  for  a license  from  said  City,  one  and  one-half  dollars  to  the 
Cit\  Ireasurer  of  said  City  and  shall  present  his  license  to  the  City  Mar- 
shal. who  shall  thereupon  give  such  person  a badge  indicating  his  oc- 
cupation. which  badge  shall  be  worn  in  plain  sight  of  the  public  by  such 
person  while  engaged  in  said  business. 

Sec.  3.  that  ill  the  prosecution  of  said  busines  no  person  shall  go 
within  twenty  feet  of  tiie  cars  to  solicit  patronage,  and  shall  use  no  loud, 
boisterous  or  profane  language  nor  shall  such  person  enter  any  car  or 
baggage  room  for  baggage,  or  lay  hands  on  any  baggage  until  so  re- 
quested by  the  person  having  the  custody  or  control  of  the  same. 


214 


ORDINANCEvS  OF  THE 


SEC.  4.  Any  person  who  shall  act  as  a solicitor  or  runner,  as  in 
Section  1 mentioned,  without  having  first  obtained  said  license  and 
badge,  or  who  shall  violate  any  of  the  provisions  of  this  ordinance,  shall 
forfeit  said  license  and  badge  and  pay  a fine  of  not  to  exceed  ten  dollars. 


Passed  the  Common  Council  February  21,  1882. 


Approved,  February  22,  1882. 

JAMES  McAULIFF, 

Mayor. 


LE  F.  A.  SHAW, 

City  Clerk. 


ORDINANCE  NO.  133. 

AN  ORDINANCE  IN  RELATION  TO  KEEPING  GUN  POWDER  AND  OTHER 
EXPLOSIVE  SUBSTANCE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  No  person  or  firm  shall  keep  or  store  in  any  one  build- 
ing within  the  City  of  Walla  Walla  of  gunpowder  or  other  explosive 
powder  or  substance,  to  exceed  twelve  pounds,  and  the  twelve  pounds- 
so  kept  shall  be  kept  in  a place  easily  accessible,  in  a box  or  other 
vessel  to  protect  the  same  from  sparks  of  fire,  and  marked  “powder”  in 
such  a manner  that  it  cannot  be  mistaken  for  any  other  substance,  and 
in  such  a place  that  it  may  be  seen  by  sunlight,  and  the  packages  con- 
taining the  po'yvder  or  other  explosive  substance,  shall  not  be  opened 
except  between  the  hours  of  sunrise  and  sundown  ; provided,  that  a lar- 
ger amount  of  kerosene  and  similar  merchandise  may  be  kept,  but  not 

opened  except  within  the  hours  aforesaid. 

Sec.  2.  Any  person  or  firm  having  more  than  twelve  pounds  of  gun- 
powder or  substance  of  similar  explosive  power  shall  store  the  excess 
in  the  City  powder  house. 

SEC.  3.  Each  person,  or  firm,  who  stores  the  goods  as  aforesaid,  in 
the  City  powder  house,  shall  provide- therefore  a separate  secure  box  or 
vessel,  secured  by  lock,  and  with  the  name  of  the  owner  marked  there- 
on, which  shall  contain  all  his  or  their  powder  or  other  said  substance 
at  said  powder  house,  and  shall  keep  the  said  box  or  vessel  locked  at  all 
times,  except  when  actually  depositing  or  taking  powder  or  other  sub- 
stance therefrom.  And  no  person  shall  enter  said  powder  house,  except 
the  City  Marshal  or  person  having  express  license  from  him,  and  said 


CITY  OF  WALLA  WALLA. 


215 


City  Marshal  shall  keep  the  key  to  said  powder  house  securely,  and 
keep  said  house  continually  locked  except  when  it  is  necessary  to  open 
the  same  for  use. 

SEC.  4.  No  one  shall  enter  the  powder  house  except  between  the 
hours  of  sunrise  and  sunset 

Sec.  5.  That  at  the  discretion  of  the  City  Marshal,  powder  or  other 
explosive  substance  aforesaid,  may  be  left  at  the  railroad  depot  secured 
from  fire  for  twenty-four  hours  after  its  arrival,  and  if  said  powder  or 
other  substance  is  not  then  removed,  he  shall  cause  the  same  to  be  re- 
moved to  the  City  powder  house  and  there  kept  until  the  freight,  dray- 
age,  and  storage  is  paid,  and  the  same  taken  by  the  owner,  and  if  the 
owner  does  not  redeem  and  take  the  powder  or  substance  within  thirty 
days,  the  Marshal,  shall,  on  ten  days  notice  in  the  City  newspaper  describ- 
ing the  packages  and  name  of  consignee  and  the  amounts  of  the  different 
liens,  including  freight,  storage,  drayage,  and  cost  of  sale,  proceed  t© 
sell  the  same  at  auction,  to  the  highest  bidder,  and  deposit  the  proceeds, 
less  his  costs  of  sale,  in  the  City  Treasury  ; provided,  such  powder  or 
substance  .so  sold,  shall  be  subject  to  the  same  law  of  storage  as  other 
powder  or  explosive  substance. 

Sec.  6.  No  powder  or  other  similar  explosive  substance  to  exceed 
twelve  pounds  by  one  person  shall  be  transmitted  from  one  place  to 
another  within  the  City,  or  unloaded  from  one  conveyance  to  another, 
except  between  the  hours  of  sunrise  and  sundown.  In  all  cases  the  said 
powder  or  substance  shall  be  kept  securely  covered,  and  kept  from  any 
position  exposing  it  to  explosion,  and  no  person  shall  import  or  keep 
within  the  City  limits  any  such  powder  or  explosive  substance  except 
the  nature  thereof  shall  be  plainly  marked  on  the  outside  of  each  pack- 
age so  that  all  persons  may  readily  perceive  such  nature. 

Sec.  7.  It  shall  be  especially  the  duty  of  the  fire  warden  or  wardens 
to  visit  every  place  where  he  or  they  may  suspect  au}^  gun  powder  or 
other  explosive  substance  is  kept  and  enforce  *this  ordinance;  and  it 
shall  be  the  duty  also  of  the  Marshal  and  each  police  officer  to  see  that 
this  ordinance  is  enforced. 

Sec  8.  Each  person  or  firm  storing  powder  or  other  explosive  sub- 
stance aforesaid  in  the  City  powder  house  shall  pay  to  the  City  Treas- 
urer the  sum  of  three  dollars  for  a license  to  do  so  for  each  and  every 
quarter-year,  whereupon  the  Treasurer  shall  issue  a license  therefor. 

Sec  9.  Upon  the  request  of  any  such  licensed  person  or  firm  the 
City  Marshal  shall  permit  him  or  them,  between  the  hours  of  sunrise  and 
sundown,  to  have  access  to  the  powder  house,  to  take  therefrom  or  de- 
posit therein  powder  or  other  explosive  substance  aforesaid,  but  for  no 
other  purpose  ; and  no  such  permit  shall  be  given  except  to  adult,  sober; 


216 


ORDINANCES  OF  THE 


careful  persons  ; provided,  that  said  City  Marshal  may  in  his  own  dis- 
cretion enter  said  powder  house  at  any  hour  between  sunrise  and  sun- 
down. 

SKC.  io.  No  person  shall  go  within  fifty  feet  of  said  powder  house 
with  matches  or  fire,  or  any  article  liable  to  ignite,  upon  or  about  his  or 
her  person,  and  no  loose  powder  or  any  substance  easily  ignited  shall  be 
suffered  to  be  in  or  about  said  powder  house  ; and  the  floor  and  other 
parts  of  said  house  shall  be  kept  in  such  a manner  that  there  will  be  no 
danger  of  fire  from  concussion  by  nails  in  boots  or  the  like,  and  no  ham- 
mer or  steel  or  iron  substance  shall  be  used  in  or  about  the  powder  house 
while  powder  is  stored  therein. 

Skc.  ii.  1 he  City  Marshal  shall  be  custodian  of  the  powder  house 
and  shall  inspect  the  same  as  often  as  once  a week  and  oftener  if  he  has 
reason  to  fear  danger,  and  keep  the  same  in  the  manner  prescribed  in 
this  ordinance. 

SKC.  12.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  fined  in  any  sum  not  less  than  ten  nor  more  than  one 
liundred  dollars. 


Passed  the  Common  Council  March  21,  1882. 


Approved.  March  22,  1882. 

JAMES  McAULIFF, 

Mavor. 


Lu  F.  A.  SHAW, 

City  Clerk. 


ORDINANCE  NO.  135. 

an  ordinance  in  relation  to  the  city  cemetery. 

The  City*  of  Walla  Walla  does  Ordain  as  follows  : 

Section  r.  File  lots  in  the  City  Cemetery  are  hereby  divided  into 
four  classes,  as  follows  : 

Lots  of  the  dimensions  of  20x42  W feet  shall  be  known  as  the  first- 
class. 

Lots  of  the  dimensions  of  20x^0  feet  shall  be  known  as  the  second 
class. 


CITY  OF  WALT  A WALLA. 


217 


Lots  of  the  dimensions  of  10x2c  feet  shall  be  known  as  the  third 
class. 

Lots  of  the  dimensions  of  10x12  feet  shall  be  known  as  the  fourth 
class, 

Lots  of  the  dimensions  not  specified  in  this  ordinance  shall  be  classed 
with  those  of  the  nearest  dimensions  thereto,  as  herein  shown. 

SEC.  2.  The  price  of  lots  of  the  first  class  shall  be  twenty-five  dol- 
lars ; of  the  second  class,  twenty  dollars;  of  the  third  class,  fifteen  dol- 
lars ; and  of  the  fourth  class,  ten  dollars. 

Sec.  3.  Any  person  wishing  to  purchase  a lot  or  lots  in  said  ceme- 
tery shall  pay  to  the  City  Treasurer  the  price  thereof,  and  shall  deposit 
the  Treasurer's  receipt  for  the  money  so  paid  with  the  Sexton  before  be- 
ing allowed  to  occupy  any  part  of  the  lot  or  lots  purchased. 

SEC.  4.  The  Sexton  shall  endorse  011  said  receipt  a correct  descrip- 
tion of  the  lot  or  lots  selected,  with  the  name  of  the  purchaser  thereof, 
and  within  three  days  thereafter  shall  file  said  receipt  so  endorsed,  with 
the  City  Clerk,  and  within  three  days  after  the  filing  of  the  Treasurer’s 
receipt  with  the  City  Clerk,  the  said  Clerk  shall  make  and  deposit  with 
the  Treasurer  for  delivery  to  the  purchaser,  a deed  from  the  City  of  Walla 
Walla  to  the  purchaser  of  the  lot  or  lots  described  by  the  Sexton  011  said 
Treasurer’s  receipt. 

Sec.  5.  The  Sexton  shall  make  note  of  each  sale  made,  on  the  plat 
of  the  cemetery,  and  the  City  Clerk  shall  keep  a record  of  each  deed 
issued  in  a .book  kept  for  that  purpose. 

Sec.  6.  All  lots  hereafter  laid  off  b\"  the  CityT  shall  correspond  as 
near  as  may  be  to  lots  of  the  fourth  class. 


Sec.  7.  Ordinance  No.  79,  entitled  “An  Ordinance  Relating  to  the 
Sale  of  Lots  in  the  Walla  Walla  City  Cemetery,”  passed  the  Council 
October  8,  1880,  is  hereby  repealed. 


Passed  the  Common  Council  April  4,  1882. 


Approved,  April  5,  1882. 


Le  F.  A.  SHAW, 

City  Clerk. 


JAMES  McAULIFF, 

Mayor. 


2i8 


ORDINANCES  OF  THE 


ORDINANCE  NO.  139 

AN  ORDINANCE  TO  CREATE  ASSESSMENT  AND  TAXATION  DISTRICTS  IN 
THK  CITY  OF  WALE  A WALLA  AND  PROVIDE  FOR  GRADING  AND 

GRAVELING  STREETS  AND  ALLEYS  AND  FOR  CONSTRUCTING  SIDE- 
WALKS AND  CROSSWALKS,  AND- KEEP  ALL  CLEAN  AND  IN 
REPAIR  AT  THE  EXPENSE  OF  THE  ASSESSMENT  DISTRICT 
WHEREIN  THE  IMPROVEMENT  OR  CLEANING  IS  DONE. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

SECTION  i.  That  the  City  of  Walla  Walla  be  and  the  same  is  here- 
by divided  and  created  into  assessment  districts  for  the  purpose  of  grad- 
ing and  graveling  streets  and  alleys  and  constructing  side  and  cross- 
walks and  keeping  all  clean  and  in  repair  at  the  expense  of  the  assess- 
ment district  wherein  the  improvement  or  cleaning  is  done,  as  follows  : 

According  to  the  plat  of  said  City  and  the  additions  thereof,  each 
block  having  an  alley  is  created  into  two  districts,  each  district  extend- 
ing from  the  center  of  each  alley  and  including  the  half  block  extend- 
ing each  way,  embracing  all  the  land  in  the  half  block  and  the  adjacent 
streets  and  sidewalks  each  side  thereof  to  the  center  of  the  streets  abut- 
ting the  same.  And  all  those  blocks  which  have  no  alley,  embracing- 
each  street  and  sidewalk  abutting  thereon  to  the  center  of  the  street 
each  way  is  created  into  one  assessment  district  each.  And  all  that  part 
of  the  City  which  is  not  divided  into  blocks  as  per  said  plats  is  created 
into  assessment  districts  as  follows  : Kach  parcel  of  land  abutting  a 

street  shall  run  to  the  next  abutting  street  opposite  and  in  the  opposite 
direction  from  the  nearest  street  each  side  ; or  if  011  one  side  there  be 
no  street  then  on  that  side  to  the  City*  boundary,  and  shall  embrace  all 
the  land  within  such  boundary  extending  to  the  center  of  the  street  each 
side  thereof.  . 

SEC,  2.  It  shall  be  the  duty  of  the  inhabitants  of  each  assessment 
district  to  grade  and  gravel  the  streets  and  construct  side  and  crosswalks 
in  their  district  when  required  so  to  do  by  resolution  of  the  City  Coun- 
cil, and  at  all  times  keep  the  streets,  alleys,  sidewalks  and  crosswalks 
clean  and  in  repair  in  their  respective  districts. 

SEC.  3.  If  the  inhabitants  in  their  respective  districts  shall  fail  to 
keep  the  alley,  streets,  sidewalks  and  crosswalks  clean  and  in  good  re- 
pair, if  the  same  become  offensive  or  dangerous  on  account  of  such  fail- 
ure it  shall  be  the  duty  of  the  Street  Commissioner  to  immediately  so  far 
clean  or  repair  the  same  as  to  remove  the  offense  or  danger,  and  no  more, 
and  charge  the  same  to  the  assessment  district  where  such  work  is  done. 
All  other  cleaning  or  repairing  which  is  failed  to  be  done  by  the  inhabi- 


CITY  OF  WALLA  WALLA. 


219 


tants  of  a district  shall  be  done  under  and  according  to  the  provisions  of 
the  charter  of  the  City  of  Walla  Walla  and  its  amendments  providing  for 
street  grades  and  improvements. 

SEC.  4.  If  the  inhabitants  of  any  assessment  district  shall  fail  to 
provide  for  the  grading  and  graveling  of  any  street  or  the  construction 
of  any  side  or  crosswalk,  or  repair  the  same,  for  ten  days  after  the  Coun- 
cil shall  so  resolve,  then  the  Council  and  City  officers  shall  proceed  to 
have  the  improvement  made  according  to  said  provisions  of  the  Citv 
charter. 

SEC.  5.  All  improvements  made  under  this  ordinance,  either 
voluntary  by  the  inhabitants  or  otherwise,  shall  be  made  under  and  ac- 
cording to  the  directions  of  the  street  department  of  said  City. 

Sec.  6.  The  City  Assessor  is  hereby  appointed  to  be  ex-officio  as- 
sessor of  each  district  and  his  annual  assessment  of  the  land  in  each 
assessment  district  in  the  general  assessment  each  year  shall  be  the  spec- 
ial assessment  of  each  year  and  shall  be  equalized  at  the  same  time  and 
in  the  same  manner  as  the  said  other  annual  assessment,  and  the  value 
of  land  so  ascertained  in  each  district  shall  be  the  basis  of  all  taxes  until 
the  next  annual  assessment  thereafter,  and  taxes  shall  be  levied  there- 
on according  to  value  in  each  district  sufficient  to  pa)'  all  expenses  for 
cleaning  and  improvement  of  streets  therein,  and  said  levy  may  be  made 
at  any  time  when  any  district  is  in  arrears,  and  shall  be  collected  in  the 
manner  provided  in  the  City  charter  and  amendments,  for  collecting  of 
assessments  for  street  grades  and  improvements,  and  all  sums  collected 
in  each  district  shall  be  kept  by  the  City  Treasurer  separate  to  the  credit 
of  such  district  and  shall  be  applied  only  for  the  cleaning  or  improve- 
ments therein. 

Passed  the  Common  Council  May  2,  1882. 

LE  F.  A.  SHAW, 

City  Clerk. 

Approved.  May  3,  1882. 

JAMES  McAULlFF. 

Mayor 


ORDINANCE  NO.  141. 

AN  ORDINANCE  TO  PUNISH  PERSON  WHO  * SMOKES  OR  INHALE 
OPIUM,  OR  KEEP  A HOUSE,  ROOM,  CELLAR  OR 
OTHER  PLACE  FOR  SUCH  PURPOSE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  Any  person  or  persons  who  shall  hereafter  keep,  with- 


2 20 


ORDINANCES  OF  THE 


in  the  corporate  limits  of  the  City  of  Walla  Walla,  a house,  cellar,  or 
place  in  which  such  person  or  persons,  or  any  other  person  or  persons 
smoke  or  inhale  opium  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  before  the  City  Justice,  shall  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars. 


SEC.  2.  Any  person  or  persons  who  shall  visit  such  house,  cellar, 
or  place  for  the  purpose  of  smoking  or  inhaling  opium,  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  before  the  Citv  Justice, 
shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars. 

SEC.  3.  It  shall  not  be  necessary  in  order  to  prove  the  guilt  of  any 
person  or  persons  keeping  such  house  or  other  place  for  smoking  or  in- 
haling opium,  that  any  one  shall  be  found  smoking  or  inhaling  therein, 
but  the  finding  of  pipe  or  pipes,  opium,  or  other  appliances  such  as  are 
used  for  the  purpose  of  smoking  or  inhaling  opium,  therein,  shall  be 
deemed  sufficient  evidence  of  the  violation  of  this  ordinance.  Nor  shall 
it  be  deemed  necessary,  in  order  to  prove  the  guilt,  or  to  convict  any 
person  or  persons  of  smoking  or  inhaling  opium,  that  the}-  shall  be  found 
in  the  act  of  smoking  or  inhaling  it,  but  evidence  that  such  person  or 
persons  were  found  in  such  house  or  other  place  in  possession  of  opium, 
pipe  or  pipes,  or  under  the  influence  of  opium,  shall  be  deemed  sufficient 
evidence  for  conviction. 

Passed  the  Common  Council  July  11,  1882. 


Approved,  July  12,  1882. 

JAMES  McAUUFF, 

Mayor. 


LE  F.  A.  SHAW, 

Citv  Clerk. 


ORDINANCE  NO.  142. 

AN  ORDINANCE  TO  PROHIBIT  MINORS  BEING  PRESENT  AT  GAMES  AND 
TO  PUNISH  THOSE  PERMITTING  THE  SAME. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  Any  person  or  persons  who  shall  have  under  his  con- 
trol any  game  or  gambling  device,  or  control  of  any  house  or  place 
wherein  the  game  or  gambling  device  is  used,  who  suffers  or  permits  a 
minor  to  be  present  while  such  game  is  going  on.  or  permits  such  minor 
to  participate  in  such  game,  shall,  on  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars. 


22  I 


CITY  OF  WALLA  WALLA. 


Slc  2.  A game  or  gambling  device,  within  the  meaning  of  this 
ordinance,  is  an  agreement  that  one  person  or  more  than  one  person, 
shall  gain  from  what  one  person  or  more  than  one  person  shall  lose 
upon  the  happening  or  not  of  some  agreed  event,  which  is  expected  to 
occur,  according  to  the  rule  of  using  an  appliance  or  appliances,  or  in- 
strument or  instruments,  and  which  happening  of  event  at  the  time  the 
stake  is  agreed  upon,  appears  to  be  uncertain  to  one  or  more  of  the  par- 
ties acting  with  the  appliance  or  instrument,  or  the  happening  of  which 
e\ent  appears  to  be  certain  to  occur  to  one  of  the  parties,  and  certain 
not  to  occur  to  the  opposite  party  ; and  it  is  immaterial  by  what  appli- 
ance or  appliances,  instrument  or  instruments  the  said  contingency  is  to 
be  brought  to  happen,  whether  by  cards,  tickets,  balls'  the  striking  of  a 
projectile  or  projectiles,  or  any  other  thing,  and  loss  and  gain  is  anything 
of  value, or  a part  thereof,  whether  money  or  other  thing, or  the  payment  or 
promised  payment  for  any  thing  to  eat.  drink,  chew,  or  smoke,  or  any 
thing  which  is  thought  or  believed  to  be  valuable  or  desirable  by  one  of 
the  parties. 

Passed  the  Common  Council,  July  n,  1882. 


Approved,  July  12,  1882. 

JAMKS  McAULIFF. 

Mayor, 


Le  F.  A.  SHAW, 

City  Clerk. 


ORDINANCE  NO.  147. 

AN  ORDINANCE  TO  REGUEATE  CEUARWAYS  AND  EIGHTS. 

I he  lily  of  Walla  H alia  does  Ordain  as  follows : 

Section  i.  That  no  aperture,  excavation,  cellarway  or  steps  shall 
be  made,  allowed,  or  maintained  within  the  City  of  Walla  Walla,  in  or 
upon  the  sidewalks  thereof,  except  the  same  be  permitted  by  a special 
ordinance,  specifying  the  locality  and  dimensions  thereof,  and  the  per- 
son desiring  to  maintain  the  same  giving  a bond  with  sufficient  security . 
approved  by  the  Council,  payable  to  the  City,  to  have  the  same  pro- 
tected, maintained,  and  kept  in  accordance  with  the  provisions  of  this 
ordinance. 

SEC.  2 All  cellarways  to  cellars  which  are  not  used  for  actual  busi- 
ness places,  for  retail  of  beer,  liquor  or  other  place  of  retail  sales  shall  be 
covered  with  a door  which  shall  be  sufficiently  solid  and  strong  to  sup- 
port foot  travelers,  and  be  so  constructed  that  when  shut  they  shall  be 


222 


ORDINANCES  OF  THE 


even  with  and  form  a part  of  the  sidewalk,  and  the  doors  shall  not  be 
opened  except  in  the  day  time,  and  when  opened  shall  have  a person 
stationed  thereat  to  act  as  a guard  and  warn  the  public  of  the  danger 
thereof. 

SEC.  3.  All  cellarways  leading  to  cellars  used  for  retail  sales  shall 
be  protected  with  a solid,  substantial  railing,  at  least  three  feet  high  on 
all  sides,  except  the  direct  entrance  upon  the  stairs,  and  such  entrance 
shall  be  protected  by  a substantial  gate  of  the  same  height  as  the  railing, 
and  said  gate  shall  be  kept  shut  at  all  times  when  the  cellar  is  notin  ac- 
tual use  for  the  purposes  aforesaid,  or  while  the  same  is  not  so  used, 
when  persons  are  actually  passing  through  such  gate,  and  while  said 
cellars  are  in  actual  use  for  retail  as  aforesaid,  and  the  gate  to  the  cellar- 
way is  left  open,  the  person  occupying  the  cellar  shall  cause  the  cellar- 
way to  be  kept  lighted  during  all  the  time  the  gate  shall  be  left  open  in 
the  night  time. 

Sec.  4.  All  cellar  lights  in  sidewalks  shall  be  so  constructed  and 
maintained  as  not  to  incommode  or  endanger  travelers  on  the  side- 
walk . 


SEC.  5.  Any  person  who  shall  maintain  or  keep  a cellarway  or 
cellar  lights  in  a manner  which  shall  not  conform  to  the  provisions  of 
this  ordinance  shall  be  fined  in  any  sum  not  less  than  ten  nor  more  than 
one  hundred  dollars  and  each  maintainance  after  each  complaint  filed 
shall  be  deemed  a new  offense,  and  each  person  so  violating  this  ordi- 
nance, in  addition  to  such  fine,  shall  be  liable  for  any  and  all  damage 
which  may  happen  to  any  person  or  persons  from  any  accident  which 
shall  occur  on  account  of  any  failure  to  comply  herewith,  and  the  owner, 
as  well  as  the  occupant  of  the  premises  shall  be  both  and  each  liable  to  a 
fine  and  damages  as  aforesaid. 


SEC.  6.  It  shall  be  the  special  duty  of  the  Street  Commissioner  and 
the  general  duty  of  the  City  Marshal  and  each  policeman  to  enforce  this 
ordinance  by  complaint  to  the  Justice  of  the  Peace  for  the  City  and  other 
proper  proceedings,  and  it  shall  also  be  the  duty  of  the  City  Attorney  to 
enforce  the  provisions  of  this  ordinance. 


Passed  the  Common  Council  July  28,  1882. 


Approved,  July  29,  1882. 


EE  F.  A.  SHAW, 

City  Clerk. 


JAMES  McAUDIFF, 

Mayor. 


city  of  Walla  walla 


223 


ordinance:  no.  150. 

AN  ORDINANCE  TO  SUPPRESS  THE  UNHEAI/fHFUI,  USE  OF  OPIUM. 
The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  1.  It  shall  be  unlawful  for  any  person  within  corporate 
limits  of  the  City  of  Walla  Walla  to  keep,  sell  or  dispose  of  any  opium, 
or  any  of  its  extracts  or  compounds  ; provided,  that  this  section  does  not 
apply  to  regular  physicians  keeping  said  drug  for  use  in  their  profession, 
or  to  druggists  or  apothecaries  keeping  the  same  for  sale  on  prescription 
of  physicians. 

SEC.  2.  It  shall  be  unlawful  for  any  person  to  sell  or  dispose  of  any 
opium  or  any  of  its  compounds  or  extracts,  except  druggists  or  apothe- 
caries ; nor  shall  any  druggist  or  apothecary  sell  or  dispose  of  any  of  the 
drugs  aforesaid,  except  upon  the  prescription  of  a regular  physician  ; 
provided,  however,  that  the  extracts  or  compounds  referred  to  in  this  and 
the  preceding  section  shall  be  construed  as  referring  to  such  extracts  or 
compounds  only  as  are  prepared  for  inhaling  or  smoking. 

Sec.  3.  It  is  hereby  made  the  duty  of  every  druggist  and  apothecary 
doing  business  within  the  corporate  limits  of  said  City,  to  keep  a record 
of  each  sale  of  said  drug,  with  the  name  of  the  purchaser,  and  the  physi- 
cian who  prescribed  the  same,  which  record  shall  at  all  times  be  open  to 
the  inspection  of  the  police  and  City  Attorney,  and  a failure  to  keep 
said  record  as  aforesaid  shall  be  deemed  a violation  of  this  ordinance. 

SEC.  4.  It  shall  be  unlawful  for  any  person,  while  within  the  cor- 
porate limits  of  said  City,  to  inhale  or  smoke  opium  or  any  of  its  com- 
pounds or  extracts. 

Sec.  5.  It  shall  be  unlawful  for  any  person  within  said  City  to  pre- 
pare for  smoking  or  inhaling,  any  opium,  its  extracts  or  compounds,  or 
to  keep  the  same  after  it  is  so  prepared. 

Sec.  6.  It  shall  be  unlawful  for  any  person  within  said  City  to 
keep  any  pipe  or  appliance  made  to  smoke  or  inhale  said  drug  or  fitted 
therefor. 

SEC.  7.  It  shall  be  unlawful  for  any  person  to  smoke  or  inhale 
opium  or  any  of  its  extracts  or  compounds,  upon  any  land,  or  within 
any  tenement  or  place  over  which  he  has  control,  or  permit  any  other 
person  to  do  so. 

SEC.  8.  Any  person  failing  to  perform  the  duties. prescribed  by  this 
ordinance,  or  who  shall  violate  this  ordinance  or  perform  any  act  de- 
clared unlawful  thereby,  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction,  shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars,  and  all  drugs,  or  pipes,  or  appliances  kept  in  violation  of  this 


224 


ORDINANCES  OF  THE 


ordinance  are  hereby  declared  forfeited,  and  shall  be  so  adjudged  bv 
the  court;  provided,  that  the  value  of  the  things  forfeited  and  the 
fine  shall,  when  conjoined  in  one  judgment,  not  exceed  one  hundred 
dollars. 

Skc.  9.  It  shall  be  the  duty  of  the  Marshal  and  each  policeman  to 
enforce  this  ordinance,  and  to  arrest  each  and  every  violator  thereof, 
and  to  seize  all  drugs,  pipes,  and  appliances  used  or  kept  contrary  to  the 
provisions  hereof  and  to  make  complaint  against  such  person  or  thing. 
When  the  person  arrested  claims  to  be  or  is  the  owner  of  the  drug,  pipe, 
or  other  appliance  seized,  the  complaint  may  embrace  both  the  person 
and  the  article,  and  in  case  of  the  seizure  of  any  of  the  articles  aforesaid, 
and  no  arrest  of  the  person,  then  the  complaint  may  be  made  against 
the  article  only,  in  which  case  the  officer  making  the  seizure  shall  post 
notices  at  the  place  of  seizure,  and  also  at  the  door  where  the  court  is 
held,  stating  the  time  and  place  the  case  will  be  heard,  which  said  hear- 
ing shall  be  at  least  three  days  after  the  notices  are  thus  posted. 

SKC.  10.  If  at  the  hearing  of  a complaint  it  appears  that  the  things 
mentioned  therein  were  kept  contrary  to  this  ordinance,  the  Justice  shall 
adjudge  the  same  forfeited,  and  that  the  same  shall  be  destroyed,  and 
issue  a writ  of  execution  accordingly,  which  writ  shall  be  immediately 
obeyed  by  the  Marshal. 

SKC.  11.  Though  direct  evidence  of  the  violation  of  this  ordinance^ 
shall  be  sufficient  to  convict,  it  shall  not  be  necessary,  but  any  circum- 
stantial evidence  which  satisfies  the  Justice  or  jury  that  the  complaint  is 
true  shall  be  sufficient  and  among  these  circumstances  it  shall  be  ad- 
missible to  prove  the  odor  of  the  premises;  that  a person  is  under  the 
influence  of  opium  ; that  opium  is  kept  by  a person  or  on  premises 
without  having  been  prescribed  as  provided  ; the  possession  of  a pipe  or 
instrument  for  inhaling  or  smoking  opium,  and  any  of  such  evidence 
which  is  sufficient  to  satisfy  the  court  or  jury  that  this  ordinance  has 
been  violated,  shall  be  sufficient  to  convict  ; and  evidence  proving  that 
opium  or  opium  pipes  are  kept  in  a house,  shall  be,  if  unexplained,  suf- 
ficent  to  convict  the  lessee  or  other  person  having  control  of  the  prem- 
ises, of  a violation  of  this  ordinance. 

Skc.  12.  Ordinances  No.  28  and  No.  75  and  all  ordinances  here- 
tofore passed  on  the  same  subject  matter  as  this  ordinance  are  hereby 
repealed. 

Passed  the  Common  Council  October  3,  1882. 

I.K  F.  A.  SHAW, 

City  Clerk. 

Approved,  October  4,  1882. 

JAMES  McAUEIFF, 

Mavor. 


225 


CITY  OF  WALLA  WALLA. 


ORDINANCE  NO.  154. 

ORDER  IN  THE  COMMON  COUNCIL  OF  THE  CITY  OF  WALLA  WALLA. 
1 he  City  of  Walla  Walla  foes  Ordain  as  follows: 

Section  i.  That  in  all  cases  wherein  the  Common  Council  shall 
not  have  adopted  other  rules  or  orders  it  shall  be  governed  by  the  rules 
and  orders  which  are  set  forth  in  the  “ Manual  of  Rules  of  Order  for 
Deliberative*  Assemblies,”  by  Major  Henry  M.  Roberts,  edition  of  1880. 

Sec.  2.  That  the  president  of  the  Common  Council  is  absolute 
judge  of  rules  and  orders  of  the  Council  and  of  what  is  a violation 
thereof,  until  his  decision  thereof  is  reversed  on  appeal,  and  it  shall  be 
the  duty  of  each  member  to  comply  with  his  decision  and  any  order  or 
command  he  may  make  and  to  do  so  without  remonstrance  or  debate; 
and  if  any  member  shall  fail  to  comply  with  such  command  or  order 
the  Marshal  shall,  upon  order  of  the  president,  immediatelv  arrest  such 
member  and  so  restrain  him  that  he  shall  not  interfere  with  the  de- 
liberations of  the  Common  Council. 

Sec.  3.  Any  member  of  the  Common  Council  may  appeal  from  the 
ruling  or  the  order  of  the  president  to  the  whole  Council,  which  appeal 
is  taken  by  any  member  arising  to  his  feet  and  addressing  the  president, 
saying:  “I  appeal  from  the  ruling  of  the  president;”  provided,  such 

appeal  shall  be  taken  before  any  other  business  shall  have  been  taken 
up  by  the  Council  after  the  ruling  of  the  president  from  which  the  ap- 
peal is  taken,  and  not  otherwise. 

SEC.  4.  Immediately  after  an  appeal  is  taken  the  president  shall 
state  the  question  to  the  Council  in  these  words:  *•  Shall  the  ruling  of 

the  president  be  sustained?  ” and  after  the  question  is  so  stated  each 
member  may  speak  upon  the  question  once  only  and  not  to  exceed  ten 
minutes,  when  said  question  shall  be  put  to  the  Council  and  the  vote 
taken  down  in  yeas  and  nays,  and  unless  a majority  shall  vote  nay  the 
order  of  the  president  shall  stand;  if  a majority  do  vote  nay  then  the 
ruling  or  order  of  the  president  is  set  aside  and  held  for  naught. 

Sec.  5.  If  any  person,  by  disorderly  conduct,  shall  interfere  with 
or  disturb  the  deliberations  of  the  Council,  upon  the  order  of  the  presi- 
dent, the  Marshal  shall  immediately  arrest  him  and  so  dispose  of  him 
as  to  prevent  further  interference  during  the  session  at  which  the  inter- 
ference or  disturbance  is  made. 

Sec.  6.  A wilful  violation  of  the  deliberations  of  the  Common 
Council  by  a member  thereof,  or  other  person,  or  a wilful  refusal  of  the 
president  to  entertain  and  to  put  to  vote  an  appeal,  or  his  disobedience 
to  the  decision  upon  appeal,  shall  be  deemed  an  offense  of  which  the 


2 26 


ORDINANCES  OF  THE 


Justice  of  the  Peace  for  the  City  of  Walla  Walla  shall  have  jurisdiction  , 
upon  complaint  of  the  president  or  some  member  of  the  Council,  and 
not  otherwise. 

SEC.  7.  Any  person  convicted  of  the  offense  herein  mentioned 
shall  be  fined  by  the  said  Justice  of  the  Peace  in  any  sum  not  exceeding 
one  hundred  dollars. 

Passed  the  Common  Council  November  21,  1882. 


Approved,  November  22,  1882. 


LE  F.  A.  SHAW, 

City  Clerk. 


JAMES  McAULIFF, 

Mavor. 


ORDINANCE  NO.  157. 

AN  ORDINANCE  TO  PROHIBIT  OBSTRUCTIONS  OF  MIEL  CREEK. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  1.  That  no  person  shall  narrow  the  present  channel  of 
Mill  creek  within  the  limits  of  the  City  of  Walla  Walla,  or  put  in  the 
said  creek  any  obstruction  to  the  flow  of  the  current  thereof  without 
having  first  obtained  a x^ermit  therefor,  specifying  the  locality  of  abut- 
ment, pier,  piling  or  fill,  and  the  kind  and  nature  thereof  and  the  man- 
ner in  which  it  is  to  be  made,  from  the  street  dei:>artment  of  said  City, 
and  all  work  done  under  said  permit  shall  be  done  under  the  supervision 
of  said  department  and  according  to  its  directions. 

Sec.  2.  It  shall  be  the  duty  of  the  street  department  to  immedi- 
ately cause  a survey  of  the  channel  and  banks  of  Mill  creek  within  said 
City  and  so  much  thereof  as  may  be  necessary  to  protect  said  City,  60th 
above  and  below  said  City,  to  be  made,  and  mark  and  describe  the 
boundaries  and  banks  thereof,  to  the  narrowest  limit  deemed  consistent 
with  the  safety  of  said  City,  with  the  necessary  turns  and  windings  to 
preserve  property  and  cause  a plat  to  be  made  thereof ; provided  that 
the  channel  of  said  creek  shall  not  be  less  than  fifty  feet  at  any  x^ace 
within  said  City. 


227 


CITY  OF  WALLA  WALT  A. 


SEC.  3.  The  City  Attorney  shall  sue  out  a writ  of  injunction  or  in- 
stitute other  proceedings  to  prevent  any  person  from  violating  this 
^ordinance. 

• Passed  the  Common  Council,  December  19,  1882. 

LK  F.  A.  SHAW, 

Citv  Clerk 

Approved,  December  20,  1882. 

JAMES  McAULLFF, 

Mayor. 


ORDINANCE  NO.  161. 

AN  ORDINANCE  TO  REGUUATE  THE  USE  OF  SIDEWALKS,  STREETS, 
AND  GROUNDS  ADJACENT  FOR  BUIEDING  AND 
OTHER  PURPOSES. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

SECTION  i.  That  no  person  shall  use  the  streets  or  sidewalks  of 
said  City  with  material  or  for  building  purposes  except  said  person  shall 
first  procure  a license  therefor. 

SEC.  2.  Any  person  desiring  to  use  the  streets  or  sidewalks  of  said 
City  for  building  material  or  for  building  purposes  may  obtain  a license 
therefor  by  making  out  a written  request  stating  the  locality  of  the  pro- 
posed building  and  its  dimensions,  the  particular  portion  of  the  street 
and  sidewalk  necessary  to  be  occupied,  the  time  when  such  occupancy 
is  needed,  and  shall  commence  and  continue,  and  having  the  Street 
Commissioner  approve  the  same,  and  by  filing  his  said  application  so 
approved  with  the  City  Clerk  together  with  his  bond  to  the  City  and  to 
the  effect  that  during  said  occupancy  that  he  or  she  will  keep  said  place 
so  used,  comprising  the  street,  sidewalk  and  adjacent  ground,  so  pro- 
tected and  lighted  as  to  prevent  all  danger  to  the  traveling  public  and 
that  the  street  and  sidewalk  shall  be  left  in  good  repair. 

The  said  bond  shall  be  in  such  amount  and  with  such  surety  as  shall 
be  approved  by  the  City  Clerk,  whereupon  the  Clerk  shall  issue  a license 
and  he  shall  report  the  bond  to  the  City  Council,  and  unless  the  said 
Council  shall  disapprove  said  bond  the  same  shall  be  held  approved  ; and 
if  the  Council  disapprove  said  bond  then  it  shall  direct  what  bond  shall 
be  given  and  the  Clerk  shall  notify  the  person  giving  such  bond  of  such 
disapproval  and  the  nature  of  the  bond  required,  whereupon,  unless  the 
person  having  the  license  file  a bond  with  the  City  Clerk  complying  with 
the  said  requirements  within  two  days  after  such  notice,  the  license 
shall  be  revoked  by  said  Clerk. 


228 


ORDINANCES  OF  THE 


SKC.  3.  All  excavations  made  011  any  street,  sidewalk  or  ground 
adjacent  shall  be  protected  so  as  to  prevent  danger  to  the  traveling  pub- 
lic by  fencing  and  during  the  night  time  by  lights  and  according  to  the 
directions  and  approval  of  the  Street  Commissioner,  who  shall  have 
supervision  of  and  control  of  all  such  matters,  subject  to  the  approval  or 
disapproval  of  the  Council,  wdiich  body  shall  control  all  such  action  of 
the  Street  Commissioner  as  it  may  deem  public  interests  require;  and 
any  person  violating  said  provisions  shall,  upon  conviction,  be  fined  in 
any  sum  not  exceeding  one  hundred  dollars. 

Sec.  4.  No  person  shall  be  allowed  to  use  any  of  the  sidewalks, 
streets  or  grounds  adjacent  for  any  other  purpose  than  for  such  as  a 
license  is  herein  provided,  and  such  use  shall  be  deemed  a misde- 
meanor and  upon  conviction  subject  the  offender  to  a line  not  exceed- 
ing fifty  dollars. 

Passed  the  Common  Council,  January  2,  1883. 

LE  F.  A.  SHAW, 

City  Clerk. 

Approved,  January  3,  1883. 

JAMES  McAUEIFF, 

Mayor. 


ORDINANCE  NO.  185. 

AN  ORDINANCE  TO  DIVIDE  THE  CITY  OF  WALLA  WALLA  INTO  WARDS, 
AND  APPORTIONMENT  OF  COUNCILMEN. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

SECTION  i.  The  City  of  Walla  Walla  shall  be  and  is  hereby  divided 
into  four  wards,  to  be  known  as  the  first,  second,  third,  and  fourth 
wards. 

SEC.  2.  The  first  ward  shall  be  bounded  as  follows: 

Commencing  at  a point  where  the  center  of  Main  street  intersects 
the  center  of  Third  street,  thence  southerly  along  the  center  of  Third 
street  to  the  center  of  Birch  street  ; thence  easterly  along  the  center  of 
Birch  street  to  the  center  of  Second  street  ; thence  southerly  along  the 
center  of  Second  street  to  the  south  boundary  of  the  City  ; thence  along 
the  south  boundary  of  the  City  easterly  to  the  southeast  corner  of  the 
City  ; thence  northerly  along  the  east  boundary  of  the  City  to  the  cen- 
ter of  Mill  creek  ; thence  down  Mill  creek  to  the  center  of  Blast  Main 
street ; thence  along  the  center  of  East  Main  and  Main  streets  in  a 
westerly  direction  to  the  place  of  beginning. 


229 


CITY  OF  WALLA  WALLA. 


Sec.  3.  The  second  ward  shall  he  bounded  as  follow  s : 

Beginning  at  the  intersection  of  Main  and  Third  streets ; thence 
southwesterly  along  the  center  of  Main  street  to  the  west  boundary  line 
of  the  City  ; thence  south  along  the  west  boundary  line  of  the  City  to 
the  southwest  corner  of  the  City;  thence  easterly  along  the  south  bound- 
ary of  the  City  to  the  center  of  Second  street ; thence  northerly  along 
the  center  of  Second  street  to  the  center  of  Birch  street ; thence  west 
along  the  center  of  Birch  street  to  the  center  of  Third  street ; thence 
northerly  along  Third  street  to  the  place  of  beginning. 

Sec.  4.  The  third  ward  shall  be  bounded  as  follows  : 

Beginning  at  the  center  of  Main  and  North  Third  streets  where  they 
intersect,  thence  running  northerly  on  the  center  line  of  North  Third 
street  to  the  center  of  Elm  street ; thence  northeasterly  on  the  center 
line  of  Elm  street  to  the  center  of  North  Second  street;  thence  northerly 
on  the  center  line  of  North  Second  street  to  the  northern  boundary  line 
of  the  City  ; thence  east  along  said  northern  boundary  line  of  said  City 
to  the  northeast  corner  of  the  northwest  quarter  of  the  northeast  quarter 
of  section  twenty  (20),  in  township  seven  (7)  north,  range  thirty -six  (36) 
east , thence  south  to  the  northeast  corner  of  the  southwest  quarter  of 
the  northeast  quarter  of  said  section  twenty  (20);  thence  east  to  the 
northeast  corner  of  the  City  ; thence  south  to  the  center  of  Mill  creek; 
thence  down  the  center  of  Mill  creek  to  the  center  of  East  Main  street; 
thence  westerly  along  the  center  of  East  Main  and  Main  streets  to  the 
place  of  beginning. 

Sec.  5.  The  fourth  ward  shall  be  bounded  as  follows  : 

Commencing  at  the  center  of  Main  and  North  Third  streets  where 
they  intersect,  thence  running  northerly  on  the  center  line  of  said  North 
Third  street  to  the  center  of  Elm  street  ; thence  northeasterly  on  the 
center  line  of  Elm  street  to  the  center  of  North  Second  street ; thence 
northerly  on  the  center  line  of  North  Second  street  to  the  northern 
boundary  line  of  the  City  ; thence  west  on  said  northern  boundary  line 
to  the  northwest  corner  of  said  City  ; thence  south  along  said  west 
boundary  line  to  the  United  States  military  reservation ; thence  easterly 
and  then  southerly  on  the  line  of  said  military  reservation  to  fhe  center 
of  Main  street ; thence  easterly  on  the  center  line  of  Main  street  to  the 
place  of  beginning. 

Sec.  6.  the  number  of  Councilmen  to  which  each  ward  is  entitled 
.shall  be  as  follows  : 

First  wTard,  two  Councilmen. 

Second  ward,  two  Councilmen. 

Third  ward,  two  Councilmen. 


2 30 


ORDINANCES  OF  THE 


Fourth  ward,  one  Councilman. 


And  the}-  shall  be  elected  as  is  provided  in  Section  7 of  this  ordi- 
nance. 

SEC.  7.  There  shall  be  elected  from  the  First,  Second  and  Third 
wards  each  at  the  next  general  election  and  at  every  general  election- 
thereafter,  one  Councilman,  and  in  the  Fourth  ward  at  the  next  general 
election  and  thereafter  biennially,  one  Councilman. 

SEC.  8.  All  ordinances  and  parts  of  ordinances,  so  far  as  they  con- 
flict herewith,  are  hereby  repealed. 


Passed  the  Council,  February  22,  1884. 


Approved,  February  22,  1884. 


LE  F.  A.  SHAW, 

City  Clerk. 


T.  R.  TANNATT, 

Mayor. 


ORDINANCE  NO.  189. 

AN  ORDINANCE  TO  PROTECT  THE  CEMETERY  AGAINST  FIRE.- 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 


Section  i.  That  with  the  exception  of  a coping  on  the  walls  or 
small  head  or  foot  boards  there  shall  be  no  combustible  material  used 
within  the  City  cemetery. 

SEC.  2.  Any  person  violating  Section  1 of  this  ordinance  shall  be 
deemed  a trespasser  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  exceeding  twenty  dollars. 

Passed  the  Common  Council  April  3,  1884. 


Approved,  April  3,  1884. 


W.  P.  WINANS, 

Acting  Mayor. 


Le  F.  A.  SHAW, 

City  Clerk,. 


CITY  OF  WALLA  WALLA. 


231 


ORDINANCE  NO.  190. 

AN  ORDINANCE  TO  GRANT  THE  PRIVILEGE  OF  ERECTING  AND 
MAINTAINING  TELEGRAPH  AND  TELEPHONE  APPARATUS  IN 

the  streets  and  alleys  OP'  the  city  of  walla 

WALLA  UNDER  CERTAIN  CONDITIONS. 

I he  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  any  person  or  persons  may  use  the  streets  and 
alleys  of  the  City  of  Walla  Walla  for  telegraphs  and  telephones,  but 
upon  the  following  conditions  only  : 

First— That  the  wires  shall  be  supported  by  safe  and  substantial 
means  at  a distance  of  not  less  than  twenty  feet  from  the  surface  of  the 
ground  where  the  same  crosses  any  street  or  alley. 


Second  ihat  the  places  where  the  poles  are  set  or  maintained  shall 
be  such  as  to  do  as  little  damage  to  or  obstruction  to  the  streets  and  alleys 
as  is  consistent  with  the  effective  construction  and  maintenance  of  the 
work. 

third  That  any  person  or  persons  who  use  the  streets  and  alleys 
for  telephone  exchange  shall  furnish,  free  of  charge,  proper  connections, 
so  that  each  fire  engine  house  may  be  connected  therewith  and  may  use 
the  system  for  fire  alarms. 


Fourth— That  the  erection  and  maintenance  of  the  apparatus  of  said 
system  in  the  streets  and  alleys  of  said  City  shall  be  under  the  control 
of  the  street  department,  which  shall  designate  the  places  and  kind  of 
posts  or  poles  and  fastenings  and  everything  which  pertains  to  the  safety 
of  the  public,  and  may  order  and  compel  any  changes  necessary  for  the 
safety  and  convenience  of  the  public  in  the  use  of  the  streets  and  alleys 
and  shall  cause  all  the  things  done  in  the  streets  and  alleys  to  be  done 
in  such  a way  as  to  cause  as  little  inconvenience  and  danger  to  the  pub- 
lic as  is  compatible  with  the  effective  erection  and  maintenance  of  said 
apparatus  and  said  department  shall  have  power  to  cause  said  ap- 
paratus to  conform  to  the  public  interest,  as  aforesaid,  in  its  original 
erection  and  in  any  change  deemed  necessary,  at  the  expense  of  the 
owners  of  said  apparatus,  and  the  City  shall  have  alien  on  said  apparatus 
for  any  cost  so  incurred. 

Fifth  The  owners  of  any  apparatus  above  mentioned  shall  indemnify 
the  City  for  an>  damage  which  the  City  shall  suffer  from  any  accident 
to  person  or  property  occasioned  by  the  apparatus  of  or  for  the  said  tele- 
graphs or  telephones. 


232 


ORDINANCES  OF  THE 


vSixtli — The  provisions  of  this  ordinance  shall  apply  to  all  tele- 
graphic  apparatus  already  in  said  City. 

Passed  the  Council,  April  3,  1884. 

IvE  F.  A.  SHAW, 

City  Clerk. 

Approved,  April  3,  1884. 

W.  P.  WINANS, 

Acting  Mayor. 


ORDINANCE  NO.  193. 

AN  ORDINANCE  GRANTING  THE  CITY  WATER  COMPANY  THE  RIGHT  TO 

DAY  WATER  PIPES  IN  THE  STREETS  AND  ALLEYS  OF  THE  CITY 
OF  WALLA  WALLA  FOR  THE  TERM  OF  25  YEARS,  AND 
TO  CONDEMN  PROPERTY  FOR  THAT  PURPOSE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  City  Water  Company,  a corporation  organ- 
ized under  the  laws  of  Washington  Territory,  be  and  it  is  hereby  au- 
thorized and  empowered  to  lay  down  water  pipes  through  the  streets 
and  alleys  of  the  City  of  Walla  Walla,  and  for  that  purpose  may  enter 
upon  and  dig  up  such  portions  of  such  streets  and  alleys  as  may  be 
necessary  to  the  proper  laying  down  of  said  pipes,  and  maintaining  and 
repairing  the  same,  upon  condition  that  said  company  shall,  as  soon  as 
said  work  can  be  done,  restore  said  streets  or  alleys  to  as  good  condition 
as  they  were  in  prior  to  laying  down  said  water  pipes,  and  that  said 
company  shall,  in  case  said  streets  or  alleys  are  injured  by  reason  of  the 
leaking  or  bursting  of  the  said  pipes,  repair  the  same  with  all  convenient 
dispatch  ; provided  always,  said  company  shall  hold  the  said  City  harm- 
less from  any  injuries  growing  out  of  the  use  of  the  rights  herein 
granted. 

Secc.  2.  The  rights  hereby  granted  shall  continue  for  twenty-five 
years  from  this  date  ; provided  that  nothing  herein  contained  shall  be 
so  construed  as  to  prevent  or  abridge  the  right  of  said  City  to  lay  down 
water  pipes  for  the  supply  of  said  City  with  water  in  any  street  or  alley 
in  said  City  during  said  time  ; nor  to  giant  similar  rights  to  other  in- 
dividuals or  corporations,  and  provided  further,  that  said  companv  pa}- 
the  expense  of  publishing  this  ordinance. 

Sec.  3.  The  City  Water  Company  aforesaid  shall  have  the  right 
and  privilege,  and  it  is  hereby  authorized,  to  purchase  or  take  possession 


CITY  OF  WALLA  WALLA. 


233 


if 


of  and  use  and  hold  all  lands  lying  without  or  within  the  City  of  Walla 
Walla  necessary  or  convenient  for  laying  pipes  and  constructing  and 
maintaining  water  works  upon  making  compensation  therefor. 

Passed  the  Council  May  6,  1884. 

LE  F.  A.  SHAW, 

City  Clerk. 

Approved,  May  6,  1884. 

W.  P.  WINANS, 

Acting  Mayor. 


ORDINANCE)  NO.  195. 

AX  ORDINANCE  GRANTING  A RIGHT-OF-WAY  TO  THE  MILL  CREEK  FLUME 
A MANUFACTURING  CO..  AND  ITS  SUCCSSORS  IN  INTEREST 
OVER  CERTAIN  STREETS  AND  ALLEYS  IN 
WALLA  WALLA  CITY. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  the  Mill  Creek  Flume  & Manufacturing  Com- 
pany, its  successors  and  assigns,  be  and  are  hereby  authorized  to  lay 
down,  construct  and  maintain  its  track  on,  over  and  along  the  alley 
running  through  blocks  29,  30,  31  and  32,  in  Cain’s  addition  to  Walla 
Walla  City,  and  across  Idaho,  Touchet,  Tukannon  and  Palouse  streets 
at  their  intersections  with  said  alley. 

Sec.  2.  Said  company  are  hereby  authorized  and  empowered  to 
maintain  and  operate  their  main  line  of  road  as  now  located  within  the 
boundaries  of  Walla  Walla  City,  and  to  run  its  cars  and  locomotives 
over  the  same. 

Sec.  3 Said  company  shall  at  all  times  keep  the  street  crossings 
used  or  occupied  by  them  in  repair  along  the  line  of  said  track,  and  said 
road-bed  shall  be  laid  as  near  as  practicable  on  the  grades  of  streets  oc- 
cupied by  them. 

Passed  the  Council,  July  1,  1884. 

LK  F A.  SHAW, 

City  Clerk. 

Approved,  July  1,  1884. 

T.  R.  TAN N ATT, 

Mayor 


234 


ORDINANCES  OF  THE 


ORDINANCE  NO.  214. 


AN  ORDINANCE  REGULATING  CONTROL  AND  CARE  OF  CITY  BUILD- 
INGS AND  PROPERTY. 

1 he  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  That  all  buildings  owned  the  City  of  Walla  Walla, 
oV  rented  by  said  City  for  City  use,  shall  be  and  are  hereby  placed  in 
charge  of  and  under  control  of  the  lire  and  water  committee  of  the  City 
Council  as  to  use,  occupancy  and  care,  subject  to  direction  of  the  City 
Council. 

Sec.  2.  That  no  person  shall  occupy  any  part  of  any  City  building 
except  under  authority  of  the  fire  and  water  committee  or  Citv  Council. 

Sec.  3.  That  the  pest  house  shall  be  under  control  of  the  commit- 
tee on  health  and  police,  and  City  cemetery  buildings  under  control  of 
the  cemetery  committee.  , 

Sec.  4.  That  no  part  of  this  ordinance  shall  prevent  the  use  or 
control  of  any  City  building  used  as  a jail  or  place  of  confinement  of 
prisoners  by  proper  City  officers. 

Passed  the  Common  Council,  October  7,  1884. 


Approved,  October  7,  1884. 


IvE  F.  A.  SHAW, 

Citv  Clerk. 


T.  R.  T ANN  ATT, 

Mavor. 


ORDINANCE  NO.  217. 

AN  ORDINANCE  TO  ESTABLISH  AND  ORGANIZE  THE  EIRE  DEPARTMENT 
OF  THE  CITY  OF  WALLA  WALLA. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  The  fire  department  of  the  City  of  Walla  Walla  is 
hereby  established  and  organized  as  follows  : 

The  present  Tiger  Company  No.  2,  shall  be  denominated  Tiger 
Steam  Fire  Company  No.  1,  and  the  present  Rescue  Company  No.  2, 
shall  be  denominated  Rescue  Steam  Fire  Company  No.  2,  and  are  ad- 
mitted with  their  present  members,  officers,  constitution  and  by-laws, 
provided,  however,  that  no  new  members  shall  be  admitted  into  either 
of  said  companies  until  their  membership  shall  be  reduced  to  forty  ac- 
tive members  for  each  company. 


CITY  OF  WALLA  WALLA. 


235 


SKC.  2.  The  membership  of  each  of  said  companies  shall  not  be 
less  than  twenty  (20)  nor  more  than  forty  (40)  members. 

SKC.  3.  The  hand  engine  and  truck  shall  be  denominated  Hook 
and  Ladder  Company  No.  3,  and  the  membership  of  said  company  shall 
not  be  less  than  fifteen  (15)  nor  more  than  sixty  (60)  active  members. 
In  the  event  of  the  formation  of  two  distinct  companies  to  run  the  hand 
engine  and  truck,  the  former  shall  have  a membership  of  forty  (40)  and 
the  latter  of  twenty  (20I  members. 

Sec.  4.  That,  new  companies  may  be  formed  in  the  future  and 
frame  a constitution  and  elect  their  officers  and  wrhen  admitted  by  the 
Council  shall  become  members  of  the  fire  department. 

Sec.  5.  That  each  company  shall  have  the  power  to  make  constitu- 
tions and  by-laws  for  self-government,  provided  that  such  constitutions 
and  by-laws  shall  not  in  any  way  conflict  with  the  tenor  or  effect  of  this 
ordinance. 

Sec.  6.  That  there  shall  be  a chief  engineer  of  said  fire  department, 
who  shall  be  an  active  fireman  and  be  elected  by  ballot  by  the  several 
active  companies  at  a convention  of  said  companies  to  be  held  for  that 
purpose  at  one  of  the  engine  houses,  on  the  first  Monday  in  January  of 
each  year,  and  shall  enter  upon  the  duties  of  his  office  on  the  Monday 
following,  at  12  o’clock,  noon.  No  person  shall  be  entitled  to  vote  for 
chief  engineer  who  shall  not  have  been  an  active  member  of  the  depart- 
ment for  at  least  sixty  days  prior  to  the  date  of  election. 

Sec.  7.  The  Council  shall  be  notified  of  the  result  of  such  ballot 
at  their  first  regular  meeting  thereafter. 

SEC.  8.  In  the  event  of  the  absence  of  the  chief  engin  er  he  may 
appoint  a deputy  who  shall  have  the  same  power  as  said  chief  engineer 
during  such  absence. 

SEC.  9.  That  the  chief  engineer  or  his  deputy  shall  be  the  lawful 
commander  of  all  the  firemen  in  the  department  when  on  duty. 

SEC.  10.  Any  person,  who  in  any  w^ay,  by  disobedience  of  the  law- 
ful command  of  officers,  or  who  in  any  wray  interferes  wTith  or  hinders 
said  companies  or  any  of  their  members  in  the  performance  of  their 
duty,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction, 
shall  be  fined  in  any  sum  not  exceeding  twenty-five  dollars. 

Sec.  11.  During  drills  or  fires  each  officer  of  a company  and  of  the 
department  shall  have  all  the  powers  of  a policeman  according  to  their 
respective  ranks,  and  all  shall  be  subject  to  the  authority  of  the  City 
Marshal  the  same  as  his  deputies. 

Sec.  12.  It  shall  be  the  duty  of  the  chief  engineer  to  see  that  the 


236 


ORDINANCES  OF  THE 


cisterns  are  kept  in  good  order  and  are  well  supplied  with  water  for  the 
suppression  of  fires  and  to  see  that  the  fire  apparatus  is  kept  in  good 
condition,  and  it  shall  be  the  duty  of  the  proper  officers  of  each  com- 
pany to  report  to  him  any  needs  or  wants  of  any  company  or  defects  in 
apparatus  or  water  supply  from  time  to  time,  and  of  the  chief  engineer 
to  make  a general  report  of  the  condition  of  the  department  to  the 
Council  at  its  last  regular  meeting  in  June  and  December  of  each  year, 
and  as  often  as  need  be  any  defects  or  wants. 

Sec.  13.  It  shall  be  the  duty  of  each  company  to  issue  an  exempt 
certificate,  signed  by  its  secretary  and  the  chief  engineer  to  any  of  its 
members  who  shall  have  completed  seven  (7)  years  of  active  service. 

Sec.  14.  Ex-members  of  the  Walla  Walla  fire  department,  who 
may  within  one  year  become  members  of  any  of  the  companies  in  the 
present  department,  shall  be  entitled  to  the  time  served  as  active  fire- 
men prior  to  joining  said  companies,  and  upon  completion  of  the  re- 
mainder of  the  requisite  period  shall  be  entitled  to  exempt  certificates 
according  to  the  statutes  of  Washington  Territory. 

Sec.  15.  Ordinance  No.  66,  entitled  “ An  Ordinance  to  Establish 
and  Organize  the  Fire  Department  of  the  City  of  Walla  Walla,”  passed 
December  20,  1879,  and  approved  December  20,  1879,  is  hereby  repealed. 

Passed  the  Council  December  2,  1884. 


Approved,  December  2,  1884. 


Le  F.  A.  SHAW, 

City  Clerk, 


F.  W.  PAINE, 

Mayor. 


ORDINANCE  NO.  218. 

AN  ORDINANCE  GRANTING  A RIGHT  OF  WAV  TO  THE  OREGON  RAILWAY 
& NAVIGATION  COMPANY  AND  ITS  SUCCESSORS  IN  INTEREST  OVER 
AND  ALONG  THIRTEENTH  AND  OTHER  STREETS  IN  THE  CITY  OF 
WALLA  WALLA,  WITH  THE  RIGHT  TO  CONSTRUCT,  IMPROVE, 
REPAIR,  KEEP,  OPERATE  AND  MAINTAIN  A RAILROAD 
AND  TELEGRAPH  LINE  THEREON. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

.Section  1.  That  the  right  to  lay  down,  grade,  construct,  improve, 
repair,  keep,  operate  and  maintain  a railroad  and  telegraph  line  over 
and  along  Thii'teentli  street  from  the  southern  boundary  of  the  City  of 


CITY  OF  WALLA  WALLA. 


237 


Walla  Walla,  in  a northerly  direction  to  its  intersection  with  the  track 
of  the  Walla  Walla  & Columbia  River  Railroad,  and  thence  northerly 
along  the  present  route  of  the  Oregon  Railway  and  Navigation 
Company’s  railroad,  as  now  laid  and  constructed  over  and  along  all 
streets  and  alleys  of  said  City  to  the  northerly  boundary  line  of  said 
City  be  and  the  same  is  hereby  authorized  and  confirmed. 

Sec.  2.  The  said  railroad  company  shall  make  and  at  all  times 
keep  in  good  condition  and  repair  crossings  and  walks  over  and  across 
said  railroad  track  in  all  streets  crossing  said  track  in  said  City  not 
heretofore  vacated  whenever  said  streets  shall  be  ordered  improved  by 
ordinance. 


SEC.  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


Passed  the  Council  February  17,  1885. 


Approved,  February  17,  1885. 

F.  W.  PAINE, 

flavor. 


LE  F.  A.  SHAW, 

Citv  Clerk. 


ORDINANCE  NO.  219. 

AN  ORDINANCE  CONCERNING  STREETS. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  front  edge  and  west  end  of  the  iron  door-sill 
in  the  hallway  of  Reynolds  & Day’s  brick  building,  situated  on  lot  four 
f4)  in  block  thirteen  (13)  on  the  south  side  of  East  Main  street,  be- 
tween First  and  Second  streets,  in  the  City  of  Walla  Walla,  be  and  the 
same  is  hereby  established  as  one  hundred  feet  above  tli§  base  of  grades 
of  the  said  City  of  AYalla  Walla  and  to  be  the  initial  benchmark  of  all 
levels  hereafter  to  be  run  in  the  said  City. 

Sec.  2.  All  grades  or  benchmarks  hereafter  established  in  the  City 
of  Walla  Walla  shall  be  established  with  reference  to  said  benchmark, 
described  in  section  one  of  this  ordinance. 

Sec.  3.  That  the  streets  and  alleys,  lots  and  blocks  of  the  City  of 
Walla  Walla  are  and  shall  be  as  shown  by  the  City  plat  prepared  by 
City  Surveyor  J.  B.  Wilson,  and  adopted  by  the  Council  of  said  City 
August  8,  1884,  except  in  so  far  as  said  plat  has  been  changed  since  that 
date  by  act  of  the  City  Council. 

Sec.  4.  That  it  shall  be  the  duty  of  the  City  Surveyor  to  cause  a 
copy  of  said  plat,  with  all  the  changes  made  by  the  City  Council,  to  be 


•f 


recorded  in  the  office  of  the  County  Auditor  of  Walla  Walla,  and  here- 
after when  any  change  is  made  in  the  locality  of  any  street  or  alley,  to 
cause  such  change  to  be  marked  in  a proper  manner  on  the  official  map 
of  the  City  and  also  on  the  County  records  aforesaid. 

SEC.  5.  That  whenever  any  person  or  persons  shall  intend  to  sell 
lots  according  to  municipal  sub-divisions,  or  shall  dedicate  any  street  for 
public  use,  they  shall  first  make  a plat  thereof  and  submit  the  same  to 
the  inspection  of  the  City  Surveyor,  who  shall  report  the  same  to  the 
Council  with  remarks  as  to  its  being  (or  not)  an  unambiguous -plat, 
whereupon  the  Council  shall  either  adopt  or  reject  said  plat.  If  the 
Council  shall  adopt  said  plat  it  shall  be  the  duty  of  the  City  Surveyor 
to  mark  thereon  the  order  approving  the  same  and  cause  a copy  of  the 
plat  approved  to  be  recorded  in  the  book  of  plats  of  Walla  Walla  County, 
Washington  Territory.  If  it  be  rejected  he  shall  return'^t  to  the  person 
or  persons  who  furnished  it  to  him  and  inform  him  or  them  of  the  de- 
fects in  the  same. 

Sec.  6.  Any  person  who  shall  sell  any  town  lot  situate  in  the  City 
of  Walla  Walla,  not  embraced  in  an  approved  plat  as  aforesaid,  or  who 
shall  record  any  plat  or  cause  to  be  recorded  any  plat  of  lands  within 
said  City  in  the  Auditor’s  office  of  Walla  Walla  County  without  the  ap- 
proval of  the  Council  as  aforesaid,  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  ex- 
ceeding one  hundred  dollars  for  each  offense,  and  any  record  of  an  un- 
approved plat  shall  be  void  and  the  City  Attorney  shall  file  a bill  for  the 
cancellation  thereof. 

Sec.  7.  Any  animal  (left  runping  at  large  in  the  streets  of  Walla 
Walla)  that  is  dangerous  to  the  traveling  public  shall  immediately  be 
made  secure  or  destroyed  by  the  City  Marshal;  and  he  may . follow  any 
vicious  or  dangerous  animal  that  has  been  running  at  large  in  the  streets 
onto  the  premises  of  any  person  to  secure  or  destroy  such  animal,  un- 
less the  owner  thereof  gives  security  that  such  animal  be  kept  secured 
from  doing  harm  iu  the  streets. 

SEC.  8.  No  person  shall  stand  with  or  permit  any  cart,  carriage  or 
vehicle  of  any  description  under  his  care  or  control  to  stand  in  any 
street  or  way  so  as  to  obstruct  the  travel  over  the  same,  and  no  person 
shall  stop  with  any  such  cart,  carriage  or  vehicle  upon  or  across  any 
crosswalk  in  any  street  or  way  in  the  City. 

Sec.  9.  No  person  or  persons  having  for  the  time  being  the  care  or 
use  of  any  horse  or  other  beast  of  burden,  carriage  or  draught,  shall 
ride,  drive  or  permit  such  horse  or  other  beast  to  go  iu  any  stafreet.  at  a 
greater  rate  of  speed  than  seyen  miles  per  hour. 


CITY  OF  WAFTA  WAL,FA 


239 


SEC.  10.  No  owner  or  person  having  the  charge  of  any  horse,  cow, 
swine,  sheep,  goat  or  other  grazing  animal,  shall  turn  or  permit  the  same 
to  go  at  large  or  loose  into  or  on  any  street. 

Sec.  11.  No  person  shall  within  any  of  the  streets,  lanes  or  other 
public  places  within  the  City,  by  means  of  any  words,  noises,  gestures 
or  any  other  act,  wantonly  frighten  or  drive  any  horse,  mule  or  other 
animal. 

Sec.  12.  No  person  shall  be  guilty  of  any  indecent,  rude  or  disor- 
derly behavior,  or  use  indecent,  profane  or  insulting  language  in  any 
street  or  near  any  dwelling  house  or  other  building,  to  the  annoyance  or 
disturbance  of  any  person. 

Sec.  13.  No  person  shall  discharge  any  gun,  pistol  or  other  fire- 
arm, (unless  in  the  discharge  of  military  duty,  or  in  the  exercise  of  some 
other  legal  right  so  to  do,)  or  fire  any  squib,  cracker,  serpent  or  other 
preparation  whereof  gunpowder  is  an  ingredient,  or  which  consists 
Avhollv  of  the  same,  within  the  compact  part  of  the  City,  or  within  fifty 
yards  of  any  building  in  the  City. 

SEC.  14.  No  person  shall  shoot  with  or  use  a bow  and  arrow,  play 
at  any  game  of  ball,  or  fly  any  kite  or  balloon,  or  throw  any  stones, 
snowballs  or  other  missiles  within  any  of  the  streets. 

SEC  15.  No  person  shall  deface,  injure  or  destroy  any  awning, 
fence,  building,  guide-post,  sign-board  or  tree  in  any  of  the  streets  or 
public  ways  of  this  City. 

Sec.  16.  No  person  shall  expose  in  any  street  or  other  public  place 
in  the  City,  any  table  or  device  of  any  kind  fitted  for  any  game  of  chance 
or  hazard,  and  no  person  shall  play  at  any  such  table  or  device,  or  at 
any  unlawful  game,  in  any  street  or  public  place. 

SEC.  17.  No  person  shall  place  or  keep  any  table,  stall  or 
erection  of  any  kind  in  any  street  or  upon  any  sidewalk  for  the  sale 
of  fruit  or  any  goods  or  articles  whatever,  except  as  hereinafter  pro- 
vided. 

Sec.  18.  No  person  shall  swim  or  bathe  in  the  waters  surrounding 
or  within  the  City  which  are  adjacent  to  any  of  the  bridges,  railroads  or 
avenues  leading  into  the  same  unless  properly  clothed. 

Sec.  19.  No  person  or  persons  shall  break  or  dig  up  or  assist  in 
breaking  or  digging  up  any  part  of  any  street,  or  remove  any  gravel  or 
other  similar  thing  therefrom  for  any  purpose  whatever. 

SEC.  20.  When  any  drain  or  aqueduct  is  opened  or  laid,  or  any 
aperture  is  made  in  any  street  the  person  or  persons,  or  either  of  them, 
by  or  for  whom  the  said  drain  or  aqueduct  is  opened  or  laid  or  such 


ORDINANCES  OK  THE 


240 

aperture  is  made,  shall  cause  a rail  or  other  sufficient  fence  to  be  placed 
and  fixed  so  as  to  enclose  such  drain,  aqueduct  or  other  aperture,  and 
the  dirt,  gravel  or  other  material  thrown  into  the  street,  and  such  fence 
shall  be  continued  during  the  whole  time  such  drain,  aqueduct  or  aper- 
ture shall  be  open,  and  a lighted  lantern  or  some  other  and  sufficient 
light  shall  be  affixed  to  some  part  of  such  fence  01  in  some  other  man- 
ner. over  or  near  such  open  drain,  aqueduct  or  aperture  and  the  dirt, 
gravel  or  other  material  taken  from  the  same,  and  so  kept  from  the  be- 
ginning of  twilight  of  every  evening  through  the  whole  of  every  night 
during  all  the  time  such  drain,  aqueduct  or  aperture  may  be  open  or 
undergoing  repair. 

SEC.  21.  No  person  shall  blast  any  rock  or  other  substance  with 
gun  powder  or  other  material  at  any  place  within  fifty  rods  of  any  street 
or  public  place  in  the  City. 

SEC.  22.  No  person  shall  erect  or  cause  to  be  erected  any  fence  or 
building  adjoining  any  street  without  first  having  ascertained  the  bounds 
of  the  same  by  application  to  the  Street  Commissioner  for  that  purpose, 
and  when  any  encroachment  shall  be  made  upon  any  street  and  the 
party  making  the  same  shall  neglect  or  refuse  to  remove  the  .same  it 
shall  be  the  duty  of  the  Street  Commissioner  to  cause  the  person  or  per- 
sons so  offending  to  be  prosecuted  at  law  for  such  offense. 

SEC.  23.  No  person  shall  suffer  any  wood,  coal,  or  bark  to  be  in  any 
street  so  as  to  unnecessarily  obstruct  the  same,  nor  to  allow  the  same  to 
remain  unnecessarily  in  any  street  over  night,  but  in  case  it  must  of 
necessity  so  remain  the  owner  thereof  shall  place  and  keep  a lighted 
lamp  or  lantern  over  or  near  the  same,  from  the  beginning  of  twilight  in 
the  evening  through  the  whole  of  the  night.  And  no  person  shall  occupy 
or  use  any  portion  of  any  street  for  the  erection  or  repair  of  any  build- 
ing upon  land  abutting  thereon,  nor  shall  deposit  anv  gravel,  stone, 
timber,  boards,  lumber  or  building  material  of  any  kind  in  any  street. 

Sec.  24.  Any  tenant  or  occupant,  or  in  case  there  shall  be  no  tenant 
qr  occupant,  the  owner  or  any  person  having  the  care  of  any  building  or 
lot  of  land  bordering  on  any  street  or  sidewalk  in  the  City  shall  within 
six  hours  after  any  snow  ceases  to  fall  in  the  day  time  and  if  any  snow 
shall  fall  in  the  night,  then  before  twelve  o’clock  at  noon  succeeding 
said  fall  cau.se  the  same  to  be  removed  therefrom,  and  whenever  the 
sidewalk  or  any  part  thereof  shall  be  encumbered  with  ice  it  shall  be  the 
duty  of  such  tenant  or  occupant,  or  in  case  of  non-occupancy,  of  the 
owner  or  person  having  the  care  of  the  property,  to  cause  said  sidewalk 
to  be  made  safe  and  convenient  for  travel  by  removing  the  ice  therefrom 


CITY  OF  WALL/ A WALT  A 


241 


or  by  covering  the  same  with  some  substance  to  prevent  the  same  from 
being  slippery  In  case  there  is  no  occupant,  tenant,  owner  or  agent  of 
any  property,  whose  duty  it  may  be  to  perform  any  duties  under  this 
ordinance,  within  reach  of  the  process  of  the  City  Justice  and  hence  can- 
not be  arrested  and  fined,  then  the  Street  Commissioner  or  other  proper 
City  officer  shall  perform  such  duty  for  said  person  or  persons  and  charge 
the  same  upon  the  abutting  property  which  shall  be  liable  for  said  sum 
and  such  charge  shall  be  added  to  the  assessment  roll  and  taxes  on  such 
property  for  the  then  current  year  and  collected  as  part  of  the  assesss- 
ment  of  said  year  ; provided,  that  if  any  person  feels  aggrieved  at  such 
addition  to  his  or  her  assessment  or  taxes  he  shall  at  any  time  before  the 
sale  of  the  property  therefor  make  his  objection  to  the  City  Council,  and 
if  he  fails  to  do  so  within  three  days  before  the  sale  for  taxes  he  shall  be 
estopped  from  making  future  complaint.  If  such  person  shall  appear 
before  the  Council  and  make  his  objection  the  Council  shall  immediately 
hear  the  complaint  and  decide  whether  said  addition  is  just  and  decrease 
the  same  or  maintain  it.  If  the  party  objects  to  the  decision  of  the 
Council  within  three  days  after  it  has  made  the  same,  then  the . sale  of 
property  shall  be  stayed  and  the  City  Attorney  shall  bring  an  action  in 
the  name  of  the  City  to  recover  the  amount  of  said  addition  and  foreclose 
the  lien  upon  said  property. 

The  street  and  sidewalk  leading  from  the  City  to  the  City  cemetery 
is  hereby  embraced  within  the  provisions  of  this  ordinance.  In  case  the 
streets  or  sidewalks  become  dangerous  from  any  violation  of  this  ordi- 
nance or  failure  to  comply  therewith,  the  Street  Commissioner  or  other 
proper  officer  shall  cause  the  danger  to  be  removed  by  the  necessary 
means  and  report  the  expense  thereof  to  the  City  Justice,  who  shall  add 
the  same  to  any  fine  imposed  as  a part  thereof;  provided,  that  the  neces- 
sity and  expense  of  removal  are  issues  of  facts  tube  inserted  in  complaint 
and  tried  as  other  facts. 

Sec.  25.  Trees  shall  be  set  two  feet  inside  of  the  outer  edge  of  the 
sidewalks  and  not  elsewhere  in  a street. 

Sec.  26.  In  all  sidewalks  hereafter  constructed  there  shall  be  sills 
not  more  than  two  feet  apart.  The  sills  shall  not  be  placed  on  the 
ground,  but  on  blocks  in  the  firm  earth  at  equal  distances  apart  and 
parallel  with  the  curb  or  outer  edge  of  the  sidewalk,  for  the  covering 
plank  to^  rest  upon.  The  blocks  shall  not  be  more  than  four  feet  apart 
under  each  stringer.  The  covering  plank  shall  not  be  less  than  1 V 
inches  thick  and  not  more  than  8 inches  wide,  and  in  length  as  herein- 
after specified,  viz:  On  all  streets  one  hundred  feet  in  width  not  less 

than  eight  feet,  on  all  other  streets  not  less  than  six  feet. 

Skc.  27.  On  all  streets  one  hundred  feet  in  width  the  roadway  shall 
extend  thirty-four  feet  each  way  from  the  center  thereof;  on  all  streets 


242 


ORDINANCES  OF  THE 


eighty  feet  ill  width  the  roadway  shall  extend  twenty-eight  feet  each 
way  from  the  center  thereof,  and  on  all  streets  sixty  feet  in  width  the 
roadway  shall  extend  twenty  feet  each  way  from  the  center  thereof. 

Skc.  28.  No  cellar,  vault,  cistern  or  well  shall  be  left  uncovered 
unless  the  same  be  enclosed  by  a safe  and  sufficient  fence,  curb  or  guard. 

Skc  29.  No  person  shall  erect  any  post  or  posts  in  any  street  or 
public  place  in  this  City. 

Skc.  30.  No  person  shall  place  or  maintain  any  awning  or  shade 
over  any  part  of  any  street  unless  the  same  be  safely  and  securely  fast- 
ened and  so  located  and  constructed  as  not  to  interfere  with  passengers 
and  so  that  the  lowest  part  thereof  shall  ne\er  be  less  than  seven  feet 
above  the  sidewalk,  and  in  no  case  to  extend  to  the  line  of  the  sidewalk. 

Skc.  31.  No  person  shall  hang,  affix,  erect  or  fasten  any  sign,  sign- 
board or  lantern  on,  over  or  across  any  sidewalk  or  street  in  the  City. 

Sec.  32,  No  person  shall  use  or  occupy  more  thau  two  feet  of  space, 
measuring  from  the  building,  in  displaying  any  goods,  wares,  merchan- 
dise or  produce  of  any  kind  upon  any  street  or  sidewalk  in  the  City. 

Sec.  33.  No  person  shall  climb,  break,  pull,  cut  deface,  (by  post- 
ing bills  of  any  description  or  otherwise),  remove  injure  or  destroy  any 
of  the  trees  growing,  or  which  shall  hereafter  be- planted,  in  any  street 
or  public  place  of  the  City;  and  no  person  shall  in  any  way  fasten  any 
horse  or  other  animal  to  any  of  said  trees  or  allow  any  animal  owned 
by  him  or  under  his  control  to  stand  so  near  the  same  that  they  may  be 
gnawed  or  otherwise  injured  by  any  horse  or  other  animal  so  fastened 
or  permitted  to  stand. 

Sec  34.  No  person  shall  in  any  way  fasten  any  horse  or  other  ani- 
mal to  any  lamp-post  in  any  street  or  public  place  in  the  City. 

Sec.  35.  No  person  shall  saw  any  fire  wood  or  place  the  same  upon 
any  foot-path  or  sidewalk  of  any  street  in  such  a manner  as  to  obstruct 
the  same. 

Sec.  36  No  person  shall  wilfully  suffer  any  spout  to  lead  or  cast 
water  upon  any  sidewalk  or  street  to  the  injury  or  inconvenience  of 
passengers  or  to  the  damage  of  the  street. 

Sec.  37.  No  person  shall  suffer  a cellar  door  or  cellar  doorway  from 
the  sidewalk  into  any  cellar  to  be  kept  open  when  not  in  immediate  use, 
nor  when  in  immediate  use  after  the  beginning  of  twilight,  unless  a 
good  and  sufficient  light  is  constantly  kept  at  the  entrance  of  such 
passage 

Sec.  38.  No  person  shall  drive,  wheel,  propel  or  draw  any  coach, 
cart,  handcart,  wheelbarrow,  bicycle  or  other  carriage,  sleigh  or  sled  of 


CITY  OF  WALLA  WALLA 


243 


burden  or  pleasure,  except  children’s  carriages  drawn  by  hand,  upon 
any  sidewalk  in  the  City,  or  drive  or  permit  any  horse,  ox  or  other  beast 
or  any  carriage  or  other  vehicle  under  his  care  to  go  or  stand,  except  as 
aforesaid,  upon  any  sidewalk  or  foot  path  of  the  City. 

Sec.  39.  No  person  shall  place  or  carry,  or  cause  to  be  placed  or 
■carried  on  the  sidewalk  of  any  street,  any  show-board,  placard  or  sign 
for  the  purpose  of  there  displaying  or  attracting  attention  to  the  same. 

SEC.  40.  No  person  shall  place  or  cause  to  be  placed  upon  any  foot 
path  or  sidewalk  in  the  City  any  lumber,  iron,  coal,  trunk,  bale,  box, 
crate,  cask,  package,  article  or  thing  whatsoever,  whether  of  the  same 
description  or  not,  so  as  to  obstruct  a free  passage  for  foot  passengers  for 
more  than  fifteen  minutes;  provided,  that  nothing  contained  in  this  sec- 
tion shall  be  deemed  to  extend  to  such  goods,  wares  or  merchandise  as 
may  in  conformity  with  such  rules,  regulations  and  orders  made  by  the 
City  Council  upon  the  subject,  be  placed  in  any  street  or  public  place  for 
the  purpose  of  being  sold  at  public  auction. 

SEC.  41.  No  person  shall  make  or  cause  to  be  made  any  excavation 
or  aperture  in  or  under  any  street  or  sidewalk  in  the  City  for  the  pur- 
pose of  constructing  coal  holes  or  receptacles  for  any  other  article,  or  for 
light  and  air,  or  for  an  entrance,  or  for  any  other  purpose,  nor  place  or 
cause  to  be  placed  any  filth  or  obstructions  or  article  which  might  frighten 
or  injure  animals  in  any  of  the  streets  of  the  City. 

Sec.  42  No  person  shall  remove,  or  caused  to  be  removed,  anv  of 
the  surface  of  any  of  the  streets  in  the  City, 

Sec.  43.  Three  or  more  persons  shall  not  stand  in  a group  or  near 
to  each  other  011  any  foot  path  or  sidewalk  in  such  a manner  as  to  ob- 
struct a free  passage  for  foot  passengers;  and  any  person  or  persons  ob- 
structing the  foot  path  or  sidewalk  shall  move  on  immediately  after  a 
request  to  move  on  made  by  the  Mayor  or  any  police  officer. 

SEC.  44.  No  person  shall  habitually  stand  upon  any  foot  path  01- 
sidewalk,  or  near  any  foot  path  or  sidewalk,  in  such  a manner  as  to  ob- 
struct the  free  passage  of  passengers  or  to  expose  pas^j&^rs  to  unneces- 
sary inconvenience  or  annoyance. 

SEC.  45.  No  persou  shall  remain  upon  any  door  stepTor  other  pro- 
jection from  any  dwelling  house  or  other  building  so  as  to  annoy  or  dis- 
turb any  person,  or  shall  obstruct  any  passage  to  the  same  or  the  ap- 
purtenances thereof ; and  every  person  so  being  or  remaining  as  afore- 
said when  ordered  by  the  Mayor  or  any  police  officer,  or  by  the  owner 
or  occupant  of  such  dwelling  house  or  building,  shall  immediately 
peaceably  depart  and  stay  away  therefrom. 

SEC.  46.  Whenever  the  word  street  or  streets  is  mentioned  in  this 


244 


ORDINANCEvS  OF  THE 

ordinance  it  shall  be  understood  as  including  alleys,  lanes,  courts,  public 
squares,  and  public  places,  and  it  shall  also  be  understood  as  including 
the  sidewalks,  crosswalks  and  bridges,  unless  the  contrary  is  expressed, 
or  such  construction  would  be  inconsistent  with  the  manifest  intent  of 
the  City  Council.  And  in  streets  where  there  are  no  planked  sidewalks, 
six  feet  in  width  next  adjoining  each  side  of  such  street  shall  be  deemed 
and  taken  to  be  the  sidewalk  of  the  same  within  the  meaning  of  this 
ordinance. 

SEC.  47.  In  the  following  cases  a permit  may  be  given  by  the  City 
Council,  or  any  officer,  officers,  committee  or  board  authorized  by  the 
Council,  viz:  To  break  or  dig  up  streets,  to  erect  and  maintain  posts, 

{ telegraph  and  telephone  poles  being  understood  as  included  in  the  term 
posts),  awnings  and  shades,  lanterns  or  lights,  to  deposit  temporarily  in 
the  streets  property  for  sale  at  auction,  to  make  excavations  for  im- 
provements, and  to  occupy  streets  for  building  purposes. 

SEC.  48.  When  any  permit  is  given  it  shall  be  given  in  writing, 
with  such  limitations  and  conditions  as  may  be  deemed  just,  and  it  shall 
be  recorded  in  a book  by  the  Clerk,  who  shall  report  the  same  at  the 
next  meeting  of  the  Council  thereafter,  and  said  permit  is  and  shall  al- 
wavs  be  revokable  by  the  prower  which  granted  it,  or  by  the  City  Council. 

SEC.  49  The  foregoing  provisions  shall  not  be  taken  or  construed 
as  limiting  in  any  manner  the  legal  rights  and  duties  of  the  Street  Com- 
missioner or  other  persons  authorized  by  the  City  Council. 

SEC.  50.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  liable  to  a penalty  not  exceeding  one  hundred  dollars  for 
each  offense. 

Passed  the  Council,  February  24,  1885. 

EE  F.  A.  SHAW, 

City  Clerk. 

Approved,  February  24,  1SS5. 

F.  W.  PAINE, 

Mavor. 


ORDINANCE  NO.  223. 

AN  ORDINANCE  CONCERNING  PUBLIC  NUISANCES. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Any  person  who  shall  be  guilty  of  permitting  or  caus- 


Section  1. 


CITY  OF  WALLA  WALLA. 


245 


iug  a nuisance,  as  defined  by  the  common  law,  or  the  statutes  of  the 
Territory  of  Washington,  within  the  City  of  Walla  Walla,  shall  be  fined 
in  any  sum  not  exceeding  one  hundred  dollars,  and  in  addition  thereto 
(in  case  the  City  abates  said  nuisance)  the  cost  of  the  abatement  thereof. 

Skc.  2.  After  a conviction,  if  the  nuisance  is  not  abated,  each  day 
that  the  nuisance  is  permitted  to  remain,  shall  constitute  a new  and  en- 
tire offense. 

SKC  3.  I11  case  such  nuisance  is  so  flagrant  and  dangerous  as  not 

to  permit  the  delay  for  legal  proceedings  without  great  danger  or  injury 
to  the  public,  the  Mayor  shall  order  the  same  to  be  immediately  abated, 
and  the  City  Marshal  shall  forthwith  execute  the  order  and  return  the 
same  with  the  report  of  his  proceedings  to  the  Mayor. 

Skc.  4.  Said  order  shall  describe  the  nuisance  to  be  abated,  so  that 
the  same  can  be  identified,  and  the  return  thereon  shall  contain  a bill  of 
costs  for  the  removal  thereof. 

Sec.  5.  The  Mayor  shall  report  such  action  as  shall  have  been 
taken  from  time  to  time,  as  soon  as  practicable,  to  the  Council,  and  such 
reports  shall  be  kept  thereafter  by  the  City  Clerk. 

Passed  the  Council  April  21,  1885. 

LE  F.  A.  SHAW, 

City  Clerk. 

Approved,  April  22,  1885. 

F.  W.  PAINE, 

Mayor. 


ordinance;  no.  232. 

AN  ORDINANCE  TO  AMEND  AN  ORDINANCE  ENTITLED  “AN  ORDI- 
NANCE TO  ORGANIZE  THE  FIRE  DEPARTMENT  OF 
THE  CITY  OF  WAEEA  WAKE  A.” 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  When  there  becomes  a vacancy  in  the  office  of  chief 
engineer  of  the  fire  department  of  the  City  of  Walla  Walla  there  shall  be 
elected  from  the  active  firemen  in  said  department  a chief  engineer  to 
fill  such  vacancy,  until  the  next  annual  election. 

Sp:c.  2.  That  said  election  shall  be  conducted  as  is  now  provided 
that  the  general  election  is  conducted,  and  in  the  same  place  and  by  the 
same  electors  (by  the  provisions  of  section  6 of  the  ordinance  of  which 


246 


ORDINANCES  OF  THE 


this  is  amendatory)  and  the  time  and  place  for  holding  said  election 
Shall  be  fixed  by  the  foreman  of  the  oldest  engine  company  in  said  de- 
partment, by  a notice  printed  in  the  City  paper  for  a period  not  less  than 
five  days. 

Passed  the  Council,  July  28,  1885. 

LE  F.  A.  SHAW, 

City  Clerk, 

Approved,  July  28,  1885. 

F.  W.  PAINE, 

Mayor. 


ORDINANCE  NO.  236. 

AN  ORDINANCE  DEFINING  THE  DUTIES  OF  CERTAIN  CITY  OFFICERS. 
The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  That  besides  his  charter  duties  and  powers  the  Mayor 
shall  receive  all  reports  of  the  health  officer  and  all  complaints,  if  in 
writing,  made  by  any  person  other  than  those  made  before  the  City 
Justice,  and  lay  the  same  before  the  Council  at  the  next  session  thereof, 
after  they  are  received  with  such  recommendation  as  he  may  think 
proper,  and  in  cases  of  impending  danger  from  contagious  or  infectious 
diseases,  may  cause  the  health  officer,  assisted  by  the  police  force,  to- 
abate  the  same,  or  may  in  danger  from  such  diseases,  cause  the  City  or 
any  part  thereof  to  be  quarantined,  and  in  case  of  immediate  and  im- 
pending danger  from  nuisance  of  any  kind  may  cause  the  same  to  be 
abated. 

SEC.  2 In  case  of  imminent  and  impending  danger  to  the  public 
peace,  safety  and  health,  or  from  fires  arising  when  the  Council  is  not 
in  session,  he  may  appoint  as  many  assistants  to  any  officer  of  the  City 
as  he  may  deem  necessary,  to  act  only  while  the  services  thereof  are  ab- 
solutely necessary,  and  in  no  event  longer  than  the  next  session  of  the 
Council. 

SEC.  3.  In  case  of  a conflagration  he  shall  have  power,  in  con- 
junction with  the  chief  engineer  of  the  fire  department  of  the  City,  to 
cause  to  be  removed  or  torn  down,  any  structure  which  in  their  judg- 
ment by  being  so  removed  or  torn  down  will  lessen  the  danger  of  des- 
truction of  property  by  the  fire  then  and  there  existing.  He  is  also  em-* 
powered  to  cause  to  be  removed  any  partially  destroyed  walls  or  parts  of 
buildings,  flag  or  other  poles  so  injured  as  to  be  in  danger  of  falling, 
whereby  the  safety  of  the  public  may  be  endangered. 


247 


CITY  OF  WALLA  WALLA. 

Sue.  4.  Each  officer  of  the  City,  upon  receiving  a written  order 
from  the  Mayor  on  the  subject  matter  herein  contained,  shall  obey  the 
same. 

SEC.  5.  The  City  Cleik,  in  addition  to  his  charter  duties,  shall  be 
present  at  each  session  of  the  Council  and  act  as  clerk  and  keep  the 
minutes  thereof. 

Sec.  6.  He  shall  be  keeper  of  the  City  seal  and  records. 

Sec.  7.  He  shall  supervise  the  City  printing  and  see  that  the  same 
is  done  according  to  ordinance  and  contract. 

Sec.  8.  He  shall  record  in  a well-bound  book  all  ordinances,  and 
after  a revision  thereof  keep  an  index  of  the  same. 

SEC.  9.  He  shall  draw  all  warrants  ordered  by  the  Council,  which 
shall  be  signed  by  the  Mayor,  and  he  shall  attest  the  same,  and  shall 
keep  a warrant  book  in  which  he  shall  enter,  first,  the  date;  second, 
number  of  each  warrant  issued;  third,  to  whom  issued;  fourth,  for  what 
purpose;  fifth,  what  fund;  sixth,  the  amount:  and  shall  report  to  the 
Council  semi-annually  at  the  first  regular  meeting  in  January  and  July 
of  each  year;  he  shall  also  keep  a cash  book  in  which  he  shall  keep  an 
account  current  with  the  City  Treasurer,  and  shall  charge  him  with  all 
moneys  paid  into  the  City  treasury  for  fines  and  licenses,  and  shall 
charge  the  Treasurer  with  the  amount  of  the  assessment  roll  when  it  is 
delivered  to  the  Treasurer,  and  shall  credit  him  with  the  amount  re- 
maining unpaid  when  the  same  is  returned  to  him  ; shall  keep  an  ac- 
count with  the  Assessor  or  other  officers  who  shall  collect  City  taxes, 
and  shall  at  the  first  regular  meeting  of  the  Council  in  July  of  each  year 
make  out  a report  showing  the  entire  amount  of  moneys  received  dur- 
ing the  year,  the  amount  expended,  and  the  amount  of  outstanding 
warrants. 

SEC.  10.  He  shall  have  charge  of  the  City  seal,  and  shall  affix  the 
same  to  licenses  and  other  public  papers  requiring  authentication.  He 
shall,  when  called  upon  by  parties  requiring  a license,  and  upon  presenta- 
tion by  them  of  the  Treasurer’s  receipt  therefor,  issue  licenses  when  bv 
law  such  licenses  are  required. 

SEC.  11.  He  shall  also  perform  such  other  duties  as  may  by  action 
of  the  Council  be  required. 

Sec.  12.  The  records  of  his  office  shall,  when  necessary,  be  open 
to  the  inspection  of  the  Mayor,  an)*  members  of  the  Council  or  the 
public 

SEC.  13.  The  Clerk  shall  have  blank  poll  and  road  tax  receipts 
printed  and  shall  take  and  safely  keep  said  receipts  in  his  possession 
and  not  permit  any  person,  except  an  officer  having  the  authority  to  re- 


248 


ORDINANCES  OF  THE 


ceive  the  taxes  which  the  receipts  represent,  to  have  possession  thereof 
and  when  any  officer  is  authorized  to  collect  said  taxes  the  Clerk  shall 
deliver  to  him,  properly  countersigned,  such  of  said  receipt  as  he  may 
demand  and  charge  him  with  the  same  and  the  amount  they  repre- 
sent, and  when  such  officer  shall  return  any  receipts  unused  or  ac- 
count for  the  loss  thereof  by  affidavit  filed,  he  shall  give  credit  ac- 
cordingly and  he  shall  also  give  credit  for  any  amount  of  such  taxes  as 
a certificate  of  the  Treasurer  shall  show  has  been  paid  into  the  treasury 
by  such  officer. 

SEC.  14-  The  City  Clerk  shall  be  ex-officio  register  of  voters  in  the 
City  of  Walla  Walla. 

Sec.  15.  He  shall  keep  an  account  of  all  expenditures  made  by  him 
for  his  office  and  other  officers  and  shall  paste  and  keep  a printed  copy 
of  all  City  printing  done  in  the  City  paper  and  shall  perform  such  other 
duties  as  are  prescribed  by  ordinance. 

Sec.  16.  fhe  City  Surveyor  shall  be  the  civil  engineer  and  surveyor 
of  said  City  and  shall  perform  all  the  duties  pertaining  to  that  subject 
matter  required  by  an  ordinance  of  said  City;  he  shall  also  perform  such 
other  duties  pertaining  to  said  profession  as  may  be  requested  by  the 
Street  Commissioner,  the  Attorney,  Assessor,  or  the  Council  of  said  City 
when  necessary  for  them  to  perform  their  duties. 

Sec.  17.  He  shall  also  make  any  survey  within  said  City  requested 
by  private  parties  upon  their  paying  him  his  charges  therefor. 

SEC  rS.  He  shall  keep  a copy  of  all  his  surveys,  plats,  skeletons 
and  field  notes,  whether  pertaining  to  the  City  or  private  surveys,  aud 
turn  them  over  to  his  successor  in  office. 

Sec  19.  The  City  Marshal  and  his  deputies  shall  enforce  all  ordi- 
nances except  in  those  cases  where  certain  duties  to  enforce  ordinances 
are  conferred  on  other  officers. 

Sec.  20.  The  Marshal  shall  be  sergeant-of-arms  and  be  present  at 
each  session  of  the  Council  and  serve  such  papers  and  orders  as  may  be 
made  by  the  Council  or  the  Mayor. 

SEC.  21.  He  shall  permit  any  person  not  dangerous  to  the  safety  of 
prisoners  to  see  such  prisoner  or  prisoners  at  their  meals. 

Sec.  22.  He  shall  appoint  such  number  of  deputies  only  as  the 
Council  may  direct,  aud  no  deputy  shall  draw  pay  unless  his  appoint- 
ment is  ratified  by  the  Council  or  is  assistant  Marshal  by  order  of  the 
Mayor. 

Sec  23.  In  those  cases  wherein  it  is  the  duty  of  some  other  officer 


CITY  OF  WALLA  WALLA. 


249 


to  execute  ail  ordinance  if  the  Marshal  or  his  deputies  perceive  a failure 
of  such  officer  to  perform  such  duty  he  shall  report  such  failure  in  writ- 
ing to  the  Mayor. 

Sec.  24.  The  Street  Commissioner  shall  have  the  general  superin- 
tendency of  all  ways,  water  courses,  aqueducts,  flumes,  tire  cisterns. 
• water  boxes  and  shade  and  ornamental  trees  on  the  public  ways  and  in 
control  of  the  City  and  on  City  property  and  of  work  on  and  improve- 
ments of  the  same. 

SEC.  25.  He  shall  safely  keep  all  property  purchased  or  to  be  used 
in  connection  with  said  subject  matter  and  shall  report  to  the  Health 
Officer  all  nuisances  to  or  any  acts  concerning  the  public  health  which 
may  incidentally  come  to  his  knowledge.  He  shall  report  to  the  com- 
mittee 011  streets  and  public  improvements  all  nuisances  to  the  public 
way's 

Sec.  26.  He  is  ex  officio  fire  warden  and  keeper  of  the  powder  house 
and  shall  enforce  all  ordinances  in  relation  to  fires  and  explosives,  save 
ordinances  and  parts  of  ordinances  which  by  their  terms  provide  some 
other  officer  or  department  shall  enforce  them. 

Sec.  27  The  .Street  Commissioner  shall  purchase  all  things  to  be 
used  in  connection  with  his  duties  when  ordered  by'  the  Council  or  its 
authorized  committees  and  shall  keep  account  books  where  each  trans- 
action and  purchase  shall  be  noted  and  showing  the  amount  of  property 
in  his  hands  and  how  property  in  his  hands  has  been  disposed  of,  and 
shall  exhibit  said  books  to  the  Council  as  often  as  required. 

Sec.  28.  He  shall  report  in  writing  to  the  Council  any  and  all  sug- 
gestions and  things  which  he  may  deem  necessary  to  the  welfare  of  the 
City’  as  to  any'  subject  matter  herein  contained. 

Sec.  29.  The  City  Assessor,  in  addition  to  his  duties  as  prescribed 
by  charter,  shall,  in  making  his  assessment  of  the  real  property  in  the 
City,  make  his  lists  so  they  shall  show  the  valuation  of  each  person’s 
land  abutting  streets  and  sidewalks,  so  that  the  Clerk  from  the  said  lists 
may  formulate  the  assessments  in  assessment  districts,  as  provided  by 
the  charter  of  said  City 

Sec.  30.  He  .shall  receipt  for  all  poll  tax  and  road-poll  tax  receipts 
received  by  him  from  the  Clerk  and  shall  use  none  except  those  he  so 
receives  and  receipts  for. 

Sec.  31  It  shall  be  the  duty  of  the  Health  Officer  to  be  the  keeper 
of  the  City  hospital,  and  report  to  the  Mayor  all  nuisances  against  the 
public  health,  and  he  may  recommend  in  writing  and  file  with  the  Mayor 
any  action  by  the  Council  which  he  may  think  necessary  or  proper  for 
the  preservation  thereof. 


250 


ORDINANCES  OF  THE 


Sec.  32.  The  City  Sexton  shall  have  the  care  and  custody  and  con- 
trol of  the  City  cemetery  and  the  sidewalk  thereto  from  the  City  bound- 
ary, and  shall  perform  such  duties  in  regard  thereto  as  may  be  pre- 
scribed by  ordinance. 

Passed  the  Council,  September  7,  1885. 


Approved,  September  14,  1SS5. 

J.  M.  BOYD, 

Mayor. 


EE  F.  A.  SHAW, 

City  Clerk. 


ORDINANCE  NO.  237, 

AN  ORDINANCE  TO  PROTECT  THE  CITY  OF  WALEA  WAUA  AND  THE 
INHABITANTS  AND  PROPERTY  THEREIN  FROM  THK  WASH- 
INGS AND  OVERFLOW  OF  MILE  CREEK. 

Th£  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  That  the  banks  of  Mill  creek,  within  the  limits  of  the 
City  of  Walla  Walla,  shall,  on  each  side  of  said  creek,  at  the  line  of  the 
late  survey  thereof,  be  protected  by  abutment,  dam  and  breakwater  of 
sufficient  height  and  strength  to  protect  said  creek  from  washing  or  go- 
ing beyond  the  limits. 

Sec.  2.  The  said  breakwater  or  dam  shall  be  constructed  by  piles 
driven  sufficently  deep  in  the  earth  to  keep  them  solid  and  permanent, 
and  the  side  nearest  the  creek  faced  with  planks,  which  will  prevent 
water  from  washing  through,  over  or  under  the  same  on  the  opposite 
side  of  such  planks. 

SEC.  3.  That  it  shall  be  the  duty  of  each  riparian  prorpietor  to 
build  and  maintain  such  dam  or  breakwater  on  the  premises  owned  by 
him.  , 

Sec.  4.  In  case  such  breakwater  does  not  exist  or  is  out  of  repair, 
the  Street  Commissioner  shall  notify  the  proprietor  of  the  land  on  which 
the  abutment  is  to  be  built,  of  the  nature  and  extent  of  the  work  to  be 
done,  and  unless  such  proprietor  shall,  within  ten  days  of  such  notice, 
or  such  further  time  as  may  be  allowed  to  perfect  such  abutment,  the 
Street  Commissioner  shall  do  said  work,  and  the  cost  of  the  work  shall 
become  a charge  upon  the  lot  of  land  over  which  the  construction  is 
made,  aud  the  proprietor  shall  become  indebted  to  the  City  of  Walla 
Walla  for  such  cost. 


CITY  OF  WALFA  WALL  A. 


251 


Sec.  5.  In  case  any  proprietor  shall  require  further  time,  or  deem 
the  demand  of  the  Street  Commissioner  unreasonable,  the  said  pro- 
prietor shall  notify  the  Council,  and  finally  the  Council  shall  decide 
upon  the  nature  and  kind  and  time  of  such  construction,  and  if  the  pro- 
prietor shall  not  comply  with  such  decision,  then  the  Street  Commis- 
sioner shall  do  so,  and  the  cost  thereof  shall  become  a lien  and  charge 
upon  the  lot  upon  which  the  work  is  done,  and  the  proprietor  shall  be 
indebted  to  said  City  in  that^sum. 

Sec.  6.  That  whenever  in  the  judgment  of  the  Street  Commissioner 
the  ground  is  of  such  a nature  as  to  make  it  impracticable  to  drive  piles, 
then  any  other  style  of  bulkhead  may  be  built  that  may  be  considered 
as  good. 

Sec.  7.  The  Street  Commissioner  shall  have  the  superintendence 
and  approval  of  all  work  done  under  this  ordinance. 

Passed  the  Common  Council,  October  6,  1885. 

Le  F.  .A.  SHAW. 

City  Clerk! 

Approved,  October  6,  1885. 

J.  M.  BOYD, 

Mayor. 


ORDINANCE  NO.  260. 

AN  ORDINANCE  IN  RELATION  TO  CITY  SEXTON  AND  HIS  DUTIES. 
The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  A City  Sexton  shall  be  elected  by  the  qualified  electors 
of  the  City  of  Walla  Walla  at  the  same  time  of  the  election  of  other 
City  officers,  who  shall  qualify  by  executing  a bond  in  the  sum  of  five 
hundred  dollars,  conditioned  for  the  faithful  performance  of  his  duties. 

Sec.  2.  The  City  Sexten  shall  hold  his  office  for  one  year,  and  un- 
til his  successor  shall  be  duly  elected  and  qualified;  provided,  however, 
the  Common  Council  may  at  any  time  remove  the  City  Sexton  for  any 
neglect  or  failure  to  perform  the  duties  of  his  office  as  prescribed  by  this 
ordinance;  provided,  further,  the  Common  Council  shall  retain  the  power 
to  fill  any  vacancy  that  may  occur  in  the  office  of  City  Sexton. 

Sec.  3.  In  case  of  a removal  of  a City  Sexton  or  from  any  other 
cause  a vacancy  occur  in  the  office,  the  Common  Council  shall  at  once 
appoint  a successor,  who  shall  hold  the  office  for  the  unexpired  term. 


252 


ORDINANCES  OF  THE 


Sec.  4.  The  duties  of  the  City  Sexton  shall  be  as  follows : 

He  shall  have  charge  of  the  City  cemetery.  He  shall  dig,  or  cause 
to  be  dug,  all  graves,  which  said  graves  shall  not  be  less  than  five  feet 
deep.  He  shall  allow  no  lot  occupied  or  grave  dug  therein  except  under 
his  direction.  He  shall  see  that  the  gates,  fences,  buildings,  graves  and 
other  appurtenances  are  kept  in  good  condition. 

After  water  for  irrigating  the  City  cemetery  is  provided  he  shall  see 
that  the  same  is  properly  used  for  the  purpose  intended.  He  shall  per- 
mit those  who  may  desire  to  plant  trees,  plants  or  shrubs,  or  otherwise 
beautify  the  lot  or  graves,  to  do  so,  but  always  under  his  supervision  so 
that  no  wrong  is  done  to  other  lot  owners.  He  shall  cause  the  sidewalk 
leading  to  the  City  cemetery  to  be  kept  in  good  repair.  It  is  hereby 
specially  made  his  duty  to  inform  the  City  Attorney  of  any  trespass 
upon  the  cemetery  grounds,  or  of  any  displacement  or  breakage  of  any 
gate,  fence,  slat,  tree,  plant  or  shrub  connected  with  the  grounds  or  any 
lot  thereof,  or  of  the  removal  of  any  flower,  plant  or  other  article  there- 
from, and  to  make  complaint  before  the  proper  tribunal  against  any  and 
all  trespassers  in  the  matters  aforesaid,  and  have  them  prosecuted  and 
punished  under  the  laws  of  Washington  Territory. 

He  shall  charge  five  dollars  for  digging  each  and  every  grave  unless 
ordered  by  the  Mayor  to  dig  the  same  free  of  charge  ; provided,  how- 
ever, that  the  receipt  of  the  City  Treasurer  shall  be  received  by  him  in 
lieu  of  money. 

He  shall  pay  all  money  received  by  him  for  digging  graves  into  the 
City  treasury. 

He  shall  have  the  right  to  contract  with  lot  owners  for  his  services  in 
beautifying  or  keeping  lots  in  order,  or  for  digging  up  graves  and  re- 
moving the  remains  elsewhere  in  the  City  cemetery  for  such  price  as 
shall  be  agreed  upon,  the  proceeds  whereof  shall  be  paid  by  him  into  the 
City  treasury,  and  shall  be  so  paid  by  him,  together  with  all  the  moneys 
for  digging  graves,  at  least  once  each  month. 

He  shall  make  a report  of  his  doings  to  the  City  Council  once  each 
month. 

Sec.  5.  The  City  Sexton  shall  be  under  the  supervision  of  the  ceme- 
tery committee 

Sec.  6.  The  City  Sexton  shall  receive  a salary  of  '$65  per  month,  to 
be  paid  out  of  the  cemetery  fund. 

SEC.  7.  All  moneys  paid  into  the  City  treasury  by  the  City  Sexton 
shall  be  paid  into  the  cemetery  fund. 


r Ordinance  No.  536,  fixes  compensation  at  $55  per  month. 


CITY  OF  WALLA  WALLA. 


253 


Sec.  8 That  Ordinance  No.  78,  entitled  “A11  Ordinance  in  Rela- 
tion to  the  City  Sexton,”  approved  October  1,  A.  D.  1880,  be  and  the 
same  is  hereby  repealed. 


Passed  the  Council  October  5,  1886. 

Approved,  October  6,  1886. 

J.  M.  BOYD, 


Mayor. 


HENRY  KKLLING, 

City  Clerk. 


ORDINANCE  NO.  261. 

AN  ORDINANCE  TO  PROVIDE  FOR  REPAIR  OF  SIDEWALKS  WHENEVER 
property  OWNERS  FAIL  TO  DO  SO  UPON  NOTICE,  AND 
TO  COLLECT  THE  COST  THEREOF. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  That  whenever  any  sidewalk  is  out  of  repair  and  unfit 
for  public  use,  the  Street  Commissioner  shall  notify  the  owner  of  the 
adjacent  property  by  written  notice,  delivered  to  such  owner,  if  a resi- 
dent, and  mailed  if  not  a resident,  to  the  proper  postoffice  address,  if 
known,  and  if  not  known  such  notice  to  be  served  by  posting  in  a public 
place  on  such  property  ; which  notice  shall  require  the  owner  of  such 
property  to  repair  said  sidewalk  in  a proper  manner  within  five  days 
from  the  date  thereof. 

SEC.  2.  If  the  owner  of  such  property  shall  fail  to  comply  with 
the  demands  of  such  notice,  it  shall  be  the  duty  of  the  Street  Commis- 
sioner to  report  the  same  to  the  next  regular  meeting  of  the  City  Coun- 
cil. The  City  Council  shall  examine  the  sidewalk  required  to  be  re- 
paired and  shall  order  the  Street  Commissioner  to  repair  the  same,  speci- 
fying the  extent  and  character  of  repairs,  at  the  expense  of  the  property 
owner,  and  the  amount  so  expended  by  the  City  shall  be  a debt  due 
from  the  property  owner  to  the  City,  and  a lien  on  the  property  ad- 
joining. 

Passed  the  Council  October  5,  18S6. 

HENRY  KEELING, 

Cit\'  Clerk. 

Approved,  October  6,  1886. 

J.  M.  BOYD, 

Mayor. 


254 


ORDINANCES  OF  THE 

ORDINANCE  NO.  270. 

an  ordinance;  to  .secure  a suppey  of  water  for  the  city  of 

WATIyA  WAEU. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  The  City  of  Walla  Walla  by  this  ordinance  hereby 
contracts  and  agrees  with  the  Walla  Walla  Water  Company,  a corpora- 
tion duly  organized  and  doing  business  under  the  laws  of  the  Territory 
of  Washington,  in  the  manner  and  upon  the  terms  and  conditions  as 
provided  and  set  forth  in  this  ordinance;  and  upon  acceptance  of  the 
terms  of  this  contract  by  said  Walla  Walla  Water  Company  as  herein- 
after provided,  the  same  shall  thereupon  become  and  be  a valid  and 
binding  contract  between  the  parties. 

SEC.  2.  The  City  of  Walla  Walla  hereby  gives  and  grants  to  said 
Walla  Walla  Water  Company  for  the  period  of  twentv-five  (25)  years 
from  and  after  the  date  of  the  passage  of  this  ordinance,  the  right  to 
lay,  place  and  maintain  all  necessary  water  mains,  pipes,  connections 
and  fittings  in  all  the  highways,  streets  and  alleys  of  said  City  for  the 
purpose  of  furnishing  the  inhabitants  thereof  with  water;  but  the  same 
shall  be  placed  far  enough  under  ground  to  constitute  as  little  obstruc- 
tion as  practicable,  and  in  such  manner  as  to  do  the  least  practicable 
damage  to  streets;  and  not  more  than  twenty-five  feet  from  the  bound- 
ary line  of  the  street,  and  in  all  cases  where  ditches  for  such  purposes 
shall  be  dug  in  the  streets  the  same  shall  be  left  as  near  as  practicable 
in  the  same  condition  as  before,  and  the  ground  removed  in  digging 
such  ditches  shall  be  well  and  firmly  packed  and  tamped  while  being 
replaced. 

SEC.  3.  The  said  water  company  shall  hereafter  lay  all  their  mains  of 
sufficient  size  to  carry  fire  hydrants,  and  they  shall  erect  one  stand  pipe 
on  each  side  of  Mill  creek  at  or  below  Sixth  street,  so  as  to  equalize  and 
make  available  the  pressure  of  the  water  in  their  reservoirs  as  now  con- 
structed, and  shall  extend  their  system  of  mains  as  fast  as  the  popula- 
tion and  growth  of  the  Town  shall  reasonabW  Warrant;  and  mains  on 
the  north  and  south  sides  of  Mill  creek  shall  be  connected  so  as  to  give 
pressure  from  the  reservoir  of  the  greatest  elevation  in  time  of  fires  ; 
and  the  main  on  First  street  shall  be  connected  with  the  Sixth  street 
main  by  mains  through  each  alternate  cross  street  from  Birch  to  Main, 
inclusive. 

Sec.  4.  The  City  of  Walla  Walla  shall  have  the  right  to  erect  in  a 
proper  and  workmanlike  manner,  and  maintain  at  its  own  expense,  in 
such  manner  as  to  prevent  leakage,  as  many  fire  hydrants  on  the  mains 
of  the  water  company  as  it  shall  see  fit,  not  exceeding  one  at  each  street 
intersection;  and  in  case  of  fire,  the  City,  through  its  officers  and  em- 


CITY  OF  WALLA  WALLA. 


255 


ployes,  shall  have  all  reasonable  and  necessary  control  of  the  water 
company’s  water,  mains  and  reservoirs  for  the  extinguishment  thereof; 
and  for  the  purpose  of  drilling  fire  companies  shall  use  such  water  as 
may  be  necessary  therefor,  not  oftener  than  once  in  two  weeks  for  each 
fire  company  ; and  the  City  shall  also  use  such  water  as  may  be  neces- 
sary and  convenient  in  its  engine  houses  and  other  City  buildings,  and 
to  supply  any  and  all  City  fire  cisterns. 

SEC.  5.  The  City  of  Walla  Walla  shall  pay  to  said  Walla  Walla 
Water  Company  for  the  matters  and  things  above  enumerated,  quarter- 
yearly,  on  the  first  days  of  July,  October,  January  and  April  of  each  year, 
at  the  rate  of  fifteen  hundred  dollars  per  annum  ($1,500)  for  the  period 
of  twenty-five  (25)  years  from  and  afte*  the  date  of  the  passage  of  this 
ordinance,  the  first  quarterly  payment  to  be  made  on  the  first  day  of 
October  next  (October  1,  1887.) 

Sec.  6.  The  City  of  Walla  Walla  shall,  during  said  period,  -without 
expense  for  water,  be  allowed  to  flush  any  sewer  or  sewers  it  may  here- 
after construct,  at  such  time  during  the  day  or  night  as  the  Water  Com- 
pany may  determine,  and  under  the  direction  and  supervision  of  such 
officers  as  the  City  may  from  time  to  time  designate,  and  not  oftener 
than  once  in  each  week. 

Sec.  7.  For  all  the  purposes  above  enumerated  said  Walla  Walla 
Water  Company  shall  furnish  an  ample  supply  of  water,  and  for  domes- 
tic purposes,  including  sprinkling  lawns,  shall  furnish  an  ample  supply 
of  good  wholesome  wTater  at  reasonable  rates  to  consumers  at  all  times 
during  the  said  period  of  twenty-five  years  ; and  this  contract  shall  be 
voidable  by  the  City  of  Walla  Walla  so  far  as  it  requires  the  payment  of 
money,  upon  the  judgment  of  a court  of  competent  jurisdiction,  when- 
ever there  shall  be  a substantial  failure  of  such  supply  or  a substantial 
failure  on  the  part  of  said  company  to  keep  or  perform  any7  agreement 
or  contract  on  its  part,  herein  specified  or  in  said  contract  contained. 
But  accident  or  reasonable  delay  shall  not  be  deemed  such  failure. 
And  until  such  contract  shall  have  been  so  avoided  the  City  of  Walla 
Walla  shall  not  erect,  maintain  or  become  interested  in  any  water 
works  except  the  ones  herein  referred  to,  save  as  hereinafter  specified. 

SEC.  8.  Neither  the  existence  of  said  contract  nor  the  passage  of 
this  ordinance  shall  be  construed  to  be  or  be  a waiver  of  or  relinquish- 
ment of  any  right  of  the  City  to  take,  condemn,  and  pay  for  the  water 
rights  and  works  of  said  or  any  company  at  any  time,  and  in  case  of 
such  condemnation  the  existence  of  this  contract  shall  not  be  taken  into 
consideration  in  estimating  or  determining  the  value  of  the  said  water 
works  of  the  said  Walla  Walla  Water  Company. 

SEC.  9.  Since  the  City  may,  before  the  expiration  of  this  contract, 


256 


ORDINANCES  OF  THE 


need  or  desire  to  use  a greater  pressure  for  the  extinguishment  of  fires 
than  could  be  furnished  by  gravitation  from  the  company’s  reservoirs, 
said  water  company  in  laying  new  mains  hereafter  shall  lay  down  such 
mains  within  the  limits  where  fire  hydrants  shall  be  placed,  as  will  sus- 
tain a reasonable  pressure,  not  less  than  50  pounds  to  the  square  inch  at 
any  point,  for  such  purpose  ; and  in  case  the  City  shall,  before  the  ex- 
piration of  this  contract,  desire  to  use  the  company’s  mains  for  the  ex- 
tinguishment of  fires  otherwise  than  as  provided  in  the  preceding  sec- 
tions of  this  ordinance,  it  .shall  have  the  right  to  do  so  upon  payment  of 
a reasonable  quarterly  compensation  therefor. 

Sec.  10.  All  contracts  now  existing  between  the  City  and  said  com- 
pany, requiring  the  payment  of  money  by  the  City  to  said  companv,  are 
hereby  avoided  and  terminated. 

SEC.  11.  The  Clerk  is  hereby  authorized  and  directed  to  make  and 
enter  into  a contract  in  writing  for  and  on  behalf  of  the  City  of  Walla 
W alia  with  the  said  Walla  Walla  Water  Company  , in  accordance  with 
and  in  conformity  to  this  ordinance,  and  the  execution  of  sqch  contract 
by  the  said  Walla  Walla  Water  Company  shall  be  and  constitute  an  ac- 
ceptance of  the  terms  of  this  ordinance  and  contract ; and  such  contract 
as  executed  by  both  parties  shall  be  recorded  by  the  Clerk  in  full  in  the 
book  in  which  ordinances  are  recorded. 

Passed  the  Council,  March  15,  1887. 


Approved,  March  19,1887. 


HENRY  KEELING, 

City  Clerk. 


J.  M.  BOYD, 

Mavor. 


ORDINANCE  NO.  278. 

AN  ORDINANCE  TO  SECURE  A SUPPLY  OF  WATER  FOR  THE  CITY  OF 
W A EE  A WAUA  FOR  STREET  SPRINKLING  PURPOSES. 

1 he-  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  City  Clerk  be  and  he  is  hereby  authorized, 
empowered  and  directed  to  enter  into  a contract  in  writing  for  and  in 
the  name  of  the  City  with  the  Walla  Walla  Water  Company,  a corpora- 
tion, whereby  said  Water  Company  shall  agree  to  and  with  said  City  of 
Walla  Walla,  for  and  in  consideration  of  one  dollar  to  be  paid  by  the 
said  City  to  said  company  on  written  demand,  to  furnish  at  all  times  for 


CITY  OF  WALLA  WALLA. 


257 


the  term  of  twenty-five  years  from  May  i,  1887,  to  said  City,  or  to  any 
person  or  persons  having  at  any  time  a contract  with  or  permission  from 
said  City  to  sprinkle  the  public  streets  or  any  thereof,  with  sufficient 
water  to  sprinkle  all  of  said  streets  ; the  City  to  draw  said  water  at  its 
expense  from  the  pipes  of  said  company  by  means  of  a pipe  not  exceed- 
ing two  (2)  inches  in  diameter,  into  a tank  to  be  furnished  and  erected 
by  said  City  at  any  point  hereafter  designated  by  said  City,  and  from 
such  stationary  tank  into  tank  or  tanks  on  the  carts  or  wagons  of  said 
City  or  other  persons. 


Sec.  2.  That  said  contract  when  so  made  and  entered  into  shall  be 
entered  on  the  record  book  of  the  City  Clerk  and  signed  by  him  in  be- 
half of  the  City  and  by  the  authorized  officers  of  said  company,  and  a 
copy  of  the  resolution  authorizing  the  officers  of  said  company  to  enter 
into  the  said  contract  shall  be  entered  in  said  book  and  signed  by  the 
said  officers  of  said  company. 

Passed  the  Council  May  3,  1887. 


Approved,  May  3,  1887. 


HENRY  K JELLING, 

City  Clerk. 


J.  M.  HILL, 

Acting  Mayor. 


ORDINANCE  NO.  289. 

AN  ORDINANCE  GRANTING  TO  C.  B.  HOPKINS,  HIS  ASSOCIATES  AND  AS- 
SIGNS, A RIGHT  TO  ERECT,  MAINTAIN  AND  OPERATE  IN  THE  CITY 
OF  WAUA  WALLA,  WASHINGTON  TERRITORY,  AND  IN  OR  UNDER 
THE  STREETS,  ALLEYS,  AVENUES  AND  THOROUGHFARES 
THEREOF,  POLES,  WIRES  AND  OTHER  APPLIANCES, 

AND  CONDUCTORS  FOR  THE  TRANSMISSION  OF 

ELECTRICITY  for  telephone  purposes. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  That  a right  and  privilege  is  hereby  granted  to  C.  B. 
Hopkins,  of  Colfax,  Whitman  County,  Washington  Territorv,  his  asso- 
ciates and  assigns,  to  erect  or  lay,  maintain  and  operate  in  the  City  of 
Walla  Walla,  W.  T.,  including  all  the  streets,  alleys,  and  avenues  and 
thoroughfares  thereof,  poles,  wires  and  other  appliances  and  conductors 
for  the  transmission  of  electricity  for  telephone  purposes.  Such  wires 
or  conductors  may  be  strung  upon  poles,  or  other  fixtures  aboveground. 


258 


ORDINANCES  OF  THE 


or  laid  under  ground  in  pipes  or  conduits  or  otherwise  protected,  and 
such  other  apparatus  may  be  used  as  may  be  necessary  or  proper  to 
operate  and  maintain  the  same. 

Sec.  2.  It  shall  be  lawful  for  said  Hopkins,  his  associates,  or  as- 
signs, to  make  all  needful  excavations,  in  any  of  said  streets,  alleys, 
avenues  and  thoroughfares  in  said  City  of  Walla  Walla,  W.  T.,  for  the 
purpose  of  erecting  and  maintaining  poles  or  other  supports  for  said 
wires  or  for  the  purpose  of  laying  down,  maintaining  and  operating 
other  conductors  underground  for  the  purposes  aforesaid. 

Skc.  3.  Whenever  the  said  Hopkins,  his  associates  or  assigns  shall 
disturb  any  of  such  streets  for  the  purposes  aforesaid,  he  or  they  shall 
restore  the  same  to  good  order  and  condition  as  soon  as  practicable  and 
without  any  unnecessary  delay  ; and  failing  so  to  do,  the  Cit\?  of  Walla 
Walla,  shall  have  the  right  to  fix  a reasonable  time  within  which  such 
repairs  and  restoration  of  streets  shall  be  completed,  and  upon  failure  of 
such  repairs  being  made  by  said  Hopkins,  or  his  assigns,  the  City  of 
Walla  Walla  shall  cause  such  repairs  to  be  made  at  the  expense  of  said 
Hopkins,  his  associates  or  assigns  ; and  that  said  expense  be  a lein  on 
the  apparatus  of  the  said  Hopkins,  his  associates  or  assigns. 

Sec.  4.  That  places  where  poles  are  set  or  maintained  shall  be  such 
as  to  do  as  little  damage  to  or  obstruction  of  streets  and  alleys  as  is  con- 
sistent with  effective  construction  and  maintainence  of  the  work.  The 
wires  shall  be  supported  by  safe  and  substantial  means  at  a distance  not 
less  than  twenty  feet  from  the  surface  of  the  ground  where  the  same 
crosses  any  street  or  alley. 

Skc.  5.  Nothing  in  this  ordinance  shall  be  construed  in  any  way  to 
prevent  the  proper  authorities  of  the  City  of  Walla  Walla,  from  sewer- 
ing,  grading,  planking,  repairing  or  altering  anj’  of  the  streets  herein 
mentioned.  But  all  such  work  shall  be  done,  if  possible,  so  as  not  to 
obstruct,  injure  or  prevent  the  free  use  of  said  poles,  wires,  conductors, 
conduits,  pipes  or  other  apparatus. 

SEC.  6.  In  consideration  of  the  rights  hereby  granted  the  said  City 
of  Walla  Walla,  shall  have  the  right  to  suspend  upon  the  poles  or  place 
in  the  conduits,  placed  by  the  said  Hopkins  or  his  assigns  in  the  streets 
aforesaid,  any  or  all  wires  which  it  may  require  for  fire  alarm  or  police 
telegraph  purposes. 

Sec.  7.  The  rights,  privileges  and  franchises  herein  granted,  shall 
continue  and  be  in  force  for  the  period  of  twenty  years  from  the  date  of 
the  passage  of  this  ordinance. 

SEC.  8.  This  ordinance  shall  repeal  any  and  all  ordinances  on  the 
same  subject  matter. 


CITY  OF  WALLA  WALLA. 


259 


Sec.  9.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

Passed  the  Council,  August  2,  1887. 


Approved,  August  3 1887. 


henry  kelling, 

City  Clerk. 


JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  301. 

AN  ORDINANCE  TO  PROTECT  THE  PUBLIC  HEALTH  AND  TO  REPEAL 
ALL  PRIOR  ORDINANCES  ON  THE  SAME  SUBJECT. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  there  is  hereby  established  a Board  of  Health  for 
the  City  of  Walla  Walla,  consisting  of  the  Mayor  of  the  City,  the  City 
Physician  and  the  committee  on  Health  and  Police  of  the  City  Council. 
The  City  Physician  shall  be  known  as  the  Health  Officer  of  the  Citv. 

SEC.  2.  The  Mayor  is  ex-officio  President  of  the  Board  of  Health. 
The  board  shall  meet  at  the  call  of  the  president,  or  by  request  of  three 
members,  the  president  shall  call  a meeting  thereof.  In  the  absence  of 
the  president  the  board  may  elect  a chairman,  pro  tern,  who  is  clothed 
with  the  same  powers  as  the  president. 

Sec.  3.  Every  physician  in  attendance  on  anyone  sick  with  small- 
pox, cholera,  yellow  fever,  typhus  fever,  typhoid  fever,  cerebio-spinal 
meningetis,  measles,  scarlet  fever  or  diphtheria,  shall  report  the  same 
to  the  Health  Officer  within  six  hours  after  becoming  satisfied  of  the 
nature  of  the  disease.  Such  report  shall  be  made  in  writing  and  shall  give 
the  name,  age,  sex  and  residence  of  the  patient,  giving  street  and  num- 
ber of  residence  and  date  of  attack.  In  the  absence  of  an  attending 
physician,  the  person  in  charge  of  any  one  so  affected  shall  report  the 
same  to  the  Health  Officer  in  the  manner  and  form  as  herein  provided. 

Sec.  4.  If  there  be  an  attending  physician  at  the  birth  of  any  child 
within  the  City  of  Walla  Walla,  whether  said  child  be  born  alive  or 
still-born,  said  physician  shall  report  to  the  Health  Officer  of  the  City 
within  twenty-four  hours  after  said  birth  ; if  there  be  no  attending  phy- 
sician,  then  the  parent  or  parents  of  said  child  shall  make  such  report, 
and  if  the  parent  from  any  cause  be  unable  to  make  the  report  and  there 
be  no  attending  physician  then  the  person  in  whose  house  the  birth  oc- 


26o 


ORDINANCES  OF  THE 

curs  shall  make  such  report.  Such  report  shall  give  the  name,  race, 
street,  number  of  residence  of  the  parents,  the  sex  of  the  child  and  date 
of  birth. 

Sec.  5.  In  case  of  death  within  the  City  limits  from  any  cause 
whatever,  or  in  case  of  death  without  the  City  limits  of  a resident  of  the 
City,  no  burial  shall  be  permitted  within  the  City  cemeteries  except  on 
the  certificate  of  the  Health  Officer,  or  in  his  absence  from  the  City,  a 
certificate  from  the  Mayor  thereof.  The  Health  Officer  or  Mayor  shall 
give  such  certificate  only,  when  the  undertaker  or  other  person  shall 
present  to  them  a certificate  of  a physician,  or  in  case  there  is  no  physi- 
cian the  certificate  of  a coroner,  and  in  case  there  was  no  physician  or  in- 
quest held,  then  on  the  certificate  of  some  reputable  person,  stating 
the  name,  age,  sex,  place  of  birth,  if  known,  occupation,  place  of  resi- 
dence of  the  deceased  and  date  and  cause  of  death.  The  Sexton  shall 
not  permit  any  burial  without  a certificate  from  the  Health  Officer  or 
Mavor.  The  Sexton  shall,  on  the  first  day  of  each  month  report  to  the 
Health  Officer  all  burials  and  compare  with  him  all  certificates  re- 
ceived. 

Sec.  6.  In  case  an  interment  is  made  within  the  City  limits,  the 
Mavor  shall  cause  the  remains  to  be  removed  to  the  City  cemetery. 

SeC.  7-  The  remains  of  a deceased  person  shall  not  be  permitted 
to  be  brought  into  the  City,  nor  transported  from  the  City,  without  a 
permit  therefor  has  been  first  obtained  from  the  Health  Officer  or  in  his 
absence,  from  the  Maj-or,  nor  shall  such  remains  be  kept  within  the 
City  for  a longer  period  than  twelve  hours  without  such  permit ; and 
when  the  body  is  transported  from  the  City,  such  permit  shall  certify 
that  the  condition  thereof  is  such  as  not  to  endanger  health  from  con- 
tagion, and  when  such  body  is  imported  into  or  is  transported  through 
the  City  a certificate  from  a proper,  reliable  person,  that  the  corpse  is  in 
such  condition,  shall  be  presented  to  the  Health  Officer  before  he  shall 
give  said  permit,  and  notwithstanding  such  certificate,  if  the  Health  Offi- 
cer discovers  that  the  condition  of  the  corpse  endangers  the  health  of 
the  inhabitants  of  the  City,  he  shall  refuse  such  permit,  and  if  he  shall 
at  any  time  discover  that  the  body  of  a deceased  person  is  dangerous  to 
the  health  of  the  inhabitants  of  said  City,  he  shall  cause  it  to  be  imtne- 
diatelv  buried  and  the  person  or  persons  bringing  such  corpse  within  the 
City  or  directing  it  to  be  brought  shall  be  liable  for  all  the  expense  of 
burial  and  ten  dollars  fees  to  the  Health  Officer,  besides  the  otherpenal- 
ties  in  this  ordinance. 

SEC.  8.  ‘All  reports  made  to  the  Health  Officer  shall  contain  all  in- 
formation required  by  the  laws  of  the  State  of  Washington,  and  shall 


1 As  amended  by  Ordinance  No.  542- 


CITY  OF  WALT  A WALLA 


26 


he  made  upon  printed  blanks  furnished  by  the  City  or  State  Board  of 
Health  and  the  same  shall  be  kept  by  the  Health  Officer  until  the 
first  day  of  the  month  succeeding  the  month  in  which  the  same  was 
filed  with  him  ; and  he  shall  during  the  time  the  same  remains  in  his 
office,  make  a record  of  such  information  shown  by  said  reports  as 
shall  be  necessary  to  enable  him  to  keep  the  registers  provided  for  by 
Section  9 of  this  ordinance.  And  on  the  first  day  of  the  month  suc- 
ceeding the  month  in  which  the  same  was  filed  with  the  City  Health 
Officer,  he  shall  file  the  said  reports  with  the  County  Auditor  as  pro- 
vided by  the  laws  of  the  State  of  Washington.  He  shall  when  re- 
quired by  the  board,  examine  into  and  if  possible  ascertain  the  cause 
of  any  epidemic  disease  prevailing  by  reason  of  improper  sanitary  con- 
ditions of  the  City  and  recommend  such  measures  as  he  may  think 
proper  to  prevent  the  spread  ot  such  disease.  He  shall  make  an  ex- 
amination of  the  public  schools  once  each  month,  and  recommend  pro- 
per regulations  for  the  health  of  the  children  attending  said  school  and 
if  at  any  time  a disease  of  any  kind  prevails  in  epidemic  form,  or  liable 
to  become  epidemic,  he  may,  with  the  consent  of  the  Board  of  Health, 
order  said  schools  to  be  temporarily  closed.  He  shall  at  all  times  be  sub- 
ject to  the  Board  of  Health  but  at  any  time  during  the  prevalence  of  an 
epidemic  when  it  is  impracticable  for  the  board  to  meet,  he  shall,  with 
the  consent  of  the  president  of  the  board,  be  empowered  to  adopt  such 
measures  as  will  most  effectually  prevent  the  spread  of  the  disease.  He 
^liall  make  it  his  special  duty  to  see  that  all  persons  violating  any  of  the 
provisions  of  this  ordinance  are  duly  prosecuted  and  punished. 

Sec.  10.  The  Health  Officer  shall  examine  and  make  immediate 
report  to  the  president  of  the  Board  of  Health  any  case  of  a disease  of  a 
contagious  nature  that  may  come  to  his  notice  wiiliin  the  City  limits, 
and  it  shall  be  the  duty  of  the  president  to  cause  such  patient  to  be  re- 
moved to  the  pest  house  of  the  City  if,  under  the  circumstances,  it  is 
deemed  necessary  for  the  public  safetv. 

Sec.  11.  In  all  cases  of  removal  to  the  pest  house,  where  the  per- 
son so  removed  is  unable  to  procure  a nurse  and  medical  attendance, 
the  Health  Officer  shall  attend  such  person,  and  shall  employ  a suitable 
nurse;  aud  provide  supplies  and  such  other  articles  as  are  necessary  for 
the  comfort  of  the  patient,  at  the  expense  of  the  City,  but  in  all  other 
cases  such  expense  shall  be  borne  by  the  person  requiring  such  atten- 
tion. 

vSec.  12.  No  person  attending  upon,  or  otherwise  coming  in  con- 
tact with  any  one  inflicted  with  any  contagious  disease  whatever,  shall 
.go  upon  the  streets  or  mingle  with  people  not  so  exposed  to  disease, 


262 


ORDINANCES  OF  THE 


without  first  using  a disinfectant  prescribed  by  a competent  physician; 
and  in  case  of  small-pox,  diphtheria  or  scarlet  fever  shall  carefully  change 
his  clothing. 

Sec.  13.  Whenever  a case  of  sinall-pox  or  diphtheria  exists  within 
the  City  limits  and  for  any  reason  it  has  not  been  removed  to  the  pest 
house  the  Health  Officer  may  place  some  suitable  person  in  charge  of 
the  premises,  wffiere  such  case  exists  at  the  expense  of  the  City,  w’hose 
duty  it  shall  be  to  see  that  the  provisions  of  this  ordinance  are  strictly 
complied  w’ith,  so  long  as  may  be  deemed  necessary  for  the  public 
safety. 

SEC.  14.  In  case  of  death  or  recovery  from  a case  of  small-pox  or 
diphtheria  the  person  in  charge  of  the  patient  during  his  or  her  illness- 
shall  see  that  all  bedding,  bed  clothing,  carpets,  curtains  and  garments 
of  an}’  description  that  have  been  used  with  the  patient  during  his  or  her 
illness  are  properly  and  thoroughly  disinfected,  and  that  the  house  has 
been  thoroughly  fumigated  and  disinfected  before  anyone  w ho  has  not 
been  exposed  to  the  disease  be  allowed  to  enter  the  same.  ' 

Sec.  15.  Whenever  death  occurs  from  any  contagious  disease  the 
lid  of  the  coffin  containing  the  corpse  shall  be  securely  screwed  down 
before  leaving  the  house  wdiere  death  occurred,  and  shall  not  be  again 
opened,  and  it  shall  be  taken  to  the  place  of  burial  without  stoppage, •. 
and  in  case  of  small-pox,  diphtheria  or  scarlet  fever  no  person  shall 
be  allowed  to  accompany  the  remains  to  the  burying  ground-,, 
except  those  who  have  been  in  attendance  upon  the  deceased  during  his- 
illness  and  the  undertaker  and  his  assistants,  and  they  shall  change  their 
clothing  and  use  a disinfectant  before  they  go  out  to  mingle  with  the- 
public  who  have  not  been  exposed  to  the  disease. 

SEC.  16.  No  person  shall  knowingly  bring  into  the  City  anyone  in- 
fected with  the  small-pox,  diphtheria  or  scarlet  fever,  or  the  body  of 
anyone  who  has  died  of  either  of  the  above  named  diseases ; nor  shall 
any  person  owning  or  having  control  of  any  vehicle,  use  or  permit  such 
vehicle  to  be  used  to  convey  anyone  so  infected  or  the  body  of  anyone 
who  has  died  from  either  of  the  above  named  diseases  without  a written 
permit  from  the  Health  Officer.  Neither  shall  any  person  without  such 
written  permit  remove  anyone  sick  with  small  pox,  diphtheria  or  scarlet 
fever  from  one  house  to  another  within  the  City  limits. 

SEC.  17.  It  shall  be  unlawful  for  the  proprietor  of  any  hospital,, 
hotel,  lodging  house  or  private  house,  where  furnished  or  unfurnished 
rooms  are  rented  to  boarders  or  lodgers,  to  forcibly  eject  from  such  hospi- 
tal, hotel,  lodging  house  or  private  house  anyone  sick  with  any  contagi- 
ous disease  without  a permit  to  do  so  from  the  Health  Officer  of  the 
City. 


CITY  OF  WALLA  WALLA. 


263 


Skc.  18.  Whenever  a contagious  disease  exists  within  the  City 
Jimits  it  shall  be  the  duty  of  the  person  in  charge  of  the  house  wherein 
the  patient  is  confined  to  have  in  a conspicuous  place,  a yellow  flag,  at 
least  eighteen  inches  square,  with  the  word  ‘‘contagious”  written  con- 
spicuously thereon,  which  flag  shall  remain  until  the  premises  Have  been 
disinfected  to  the  satisfaction  of  the  Health  Officer. 

Sec.  19.  The  Mayor  shall,  whenever  in  his  opinion  the  protection 
of  the  public  health  requires  the  same,  or  upon  the  written  recommenda- 
tion of  the  Health  Officer,  by  a proclamation  issued  and  signed  by  him 
as  such  Mayor,  quarantine  the  entire  City  or  any  house  in  which  any 
person  sick  with  a contagious  disease  may  be.  He  shall  in  such  pro- 
clamation specify  the  limits  of  such  quarantine,  and  the  same  shall  re- 
main in  force  until  revoked  by  the  Mayor.  It  shall  be  unlawful  for  any 
person  other  than  a physician  in  attendance  upon  a sick  person  to  pass 
within  or  out  of  the  limits  fixed  by  such  quarantine  without  the  written 
permission  of  the  Mayor  or  Health  Officer.  The  Mayor  shall,  and  he  is 
hereby  authorized  to  employ  all  means  necessary  to  insure  and  inforce 
compliance  with  such  quarantine. 

Sec.  20.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction  there- 
of, shall  be  punished  by  a fine  of  not  less  than  ten  dollars  or  more  than 
three  hundred  dollars  and  be  imprisoned  until  such  fine  is  paid  or  served 
out. 

Sec.  2 r.  All  ordinances  upon  the  subject  of  this  ordinance  in  con- 
flict herewith,  are  hereby  repealed  ; provided,  this  repeal  shall  not  affect 
the  pay  of  the  Health  Officer. 


SEC.  22.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 

Passed  the  Council,  January  17,  1888. 


HENRY  KELLING, 

Citv  Clerk. 


Approved,  January  17,  jSS8. 

JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  302. 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  REPAIR  OF  GRADED  STREETS. 
The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  After  any  street  or  alley  shall  have  been  graded  and 


ORDINANCES  OF  THE 


264 


gravelled,  and  such  work  accepted  by  the  City,  and  such  acceptance 
made  a matter  of  record  in  the  City  Clerk's  office,  it  shall  be  and  is 
hereby  made  the  duty  of  the  City  to  keep  such  street  in  repair  and  to 
pay  therefor  out  of  the  general  or  street  fund  as  the  City  Council  shall 
direct;  in  all  cases  wdiere  the  expense  of  such  repairs  shall  not  exceed 
fifty  dollars  ($ 50 ) the  same  shall  be  repaired  under  the  direction  of  the 
street  department,  when  authorized  by  the  Council  or  the  street  com- 
mittee, in  all  other  cases  the  City  officers  shall  proceed  to  have  such  re- 
pairs made  contract,  after  advertisement  for  bids  according  to  the 
provisions  of  the  City  charter. 

Sec.  2.  This  ordinance  shall  not  apply  to  the  repair  of  sidewalks. 


Sec.  3.  All  ordinances  and  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed,  and  this  ordinance  shall  take  effect  after  its  pass- 
age, approval  and  publication. 


Passed  the  Council,  March  6,  1888. 
Approved,  March  6,  1888. 


HENRY  KEEPING, 

City  Clerk. 


JAMES  McAULIFF, 
Mayor. 


ORDINANCE  NO.  305. 

AN  ORDINANCE  IN  RELATION  TO  LIQUOR  LICENSE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  hereafter  the  license  for  sale  of  spirituous  wines, 
malt  or  other  intoxicating  liquors  shall  be  three  hundred  and  fifty  dol- 
lars ($350)  per  annum,  payable  in  advauce,  and  no  receipt  for  liquor 
license,  or  liquor  license  shall  be  given  until  said  sum  is  paid. 

Passed  the  Council,  April  3,  1888. 

H.  S.  BLANDFORD, 

Acting  Clerk. 

Approved,  April  4,  1888. 

JAMES  Me  AUDI  FF, 

Mayor. 


CITY  OF  WALLA  WALLA. 


265 


ORDINANCE  NO.  306. 

AN  ORDINANCE  AUTHORIZING  THE  OFFER  OF  A REWARD  OF  $500  FOR 
THE  ARREST  AND  CONVICTION  UPON  A CHARGE  OF  ARSON 
OF  ANY  PERSON  WHO  COMMITS  SAID  CRIME 
WITHIN  THE  CITY  LIMITS. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

That  the  Mayor  be  and  is  hereby  authorized  to  offer  a reward  of 
$500  for  the  arrest  and  conviction  of  such  person  or  persons  as  may 
hereafter  commit  the  crime  of  arson  within  the  Cit}',  and  the  Mayor 
may,  with  the  consent  of  the  Council,  increase  the  amount  of  said  re- 
ward to  $1000.  Such  reward  may  also  be  offered  for  offenses  committed 
prior  to  April  3,  1887. 

Passed  the  Council,  April  17,  1888. 

HENRY  KELLING, 

City  Clerk. 

Approved,  April  18,  1888. 

JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  317. 

AN  ORDINANCE  AUTHORIZING  AND  EMPOWERING  C.  E.  BURROWS  AND 
HIS  ASSOCIATES  AND  ASSIGNS  TO  ERECT  AND  MAINTAIN 
PTLECTRIC  WORKS  AND  LAY  WIRES,  AND  F'RECT 
POLES  TO  SUPPORT  THE  SAME  IN  THE 
STREETS  AND  ALLEYS  OF 
WALLA  WALLA  CITY. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  That  C.  E.  Burrows  and  his  associates  and  assigns  are 
hereby  authorized  and  empowered  to  erect  electric  works  in  the  City  of 
Walla  Walla,  and  to  erect  poles  and  lay  wires  throughout  the  streets 
and  alleys  of  said  City  for  the  purpose  of  distributing  electricity  for 
light,  heat  and  power. 

SEC.  2.  That  the  places  where  the  poles  are  set  shall  be  such  as  to 
do  as  little  damage  to  or  obstructions  to  the  streets  and  alleys  as  is  con- 
sistent with  the  effective  construction  and  maintenance  of  the  work; 
that  any  damage  done  to  the  streets  or  alleys  by  reason  of  erecting  poles 
shall  be  repaired  without  delay. 


266 


ORDINANCES  OF  THE 


Sec.  3.  That  the  erection  and  maintenance  of  said  electric  works 
in  the  streets  and  alleys  of  said  City  shall  be  under  the  control  of  the 
street  department,  which  may  order  and  compel  any  change  necessary 
for  the  safety  of  the  public  in  the  use  of  the  streets  and  alleys,  and  shall 
cause  all  things  done  in  the  streets  and  alleys  to  be  done  in  a way  as  to 
cause  as  little  inconvenience  and  damage  to  the  public  as  is  compatible 
with  the  effective  erection  and  maintenance  of  said  works,  and  said  de- 
partment shall  have  power  to  cause  said  works  to  conform  to  the  public 
interest  as  aforesaid,  in  the  original  erection,  and  in  any  change  deemed 
necessary,  at  the  expense  of  the  owners  of  said  works. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 

Passed  the  Council,  June  19,  1888. 


Approved,  June  20,  1888. 

JAMES  McAUUFF, 
Mavor 


HENRY  KELLING, 

City  Clerk. 


ORDINANCE  NO.  318. 

AN  ORDINANCE  GRANTING  TO  THE  WAIJ.A  WALLA  EIGHT,  POWER  & 
FUEL  COMPANY,  AND  THEIR  ASSIGNS,  THE  RIGHT  TO  CON- 
STRUCT, MAINTAIN  AND  OPERATE  IN  THE  CITY  OF  WALLA 
WAUA,  TERRITORY  OF  WASHINGTON,  POLES,  WIRES 
AND  OTHER  APPLIANCES  FOR  THE  TRANSMIS- 
SION OF  ELECTRICITY  FOR  LIGHTING 
AND  POWER  PURPOSES. 

The  City  of  Walla  l Valla  does  Ordain  as  follows: 

Section  1.  That  there  is  hereby  granted  to  the  Walla  Walla  Eight, 
Power  & Fuel  Company,  (a  corporation  duly  organized  under  the  laws 
of  the  Territory  of  Washington,)  the  right  and  privilege  for  the  period 
of  twenty-five  (25)  years  from  the  date  hereof,  to  erect  poles  or  under- 
ground conduits,  wires  and  other  appliances  and  conductors,  in  and 
through  all  streets,  avenues,  alleys  and  thoroughfares  of  the  City  of 
Walla  Walla,  as  the  same  now  exists  or  may  hereafter  be  extended,  for 
the  purpose  of  furnishing  the  City  and  citizens  with  electricity  for  elec- 
tric light  and  power  purposes,  and  for  any  other  purpose  or  purposes  for 
which  the  same  is  or  may  hereafter  be  adopted. 


CITY  OF  WALLA  WALLA. 


267 


SEC.  2.  Whenever  the  streets  shall  have  been  excavated  for  the 
purpose  of  planting  poles  or  inserting  conduits,  the  surface  of  the  same 
shall  be  restored  as  soon  as  practicable  to  its  former  condition  by  said 
company.  Upon  the  said  company  failing  within  reasonable  time  to 
repair  or  restore  said  streets,  the  City  of  Walla  Walla  may  immediately 
proceed  to  cause  such  repairs  to  be  performed,  the  cost  of  such  repairs 
or  restoration  to  operate  as  a lien  against  the  plant  of  said  company. 

SEC.  3.  Said  company  hereby  oblige  themselves  to  construct  their 
plant  upon  the  most  approved  method  and  systems,  and  in  such  a man- 
ner so  as  not  to  interfere  with  the  travel  and  traffic  through  said  City  or 
to  cause  any  obstructions  thereto. 

SEC.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  .and  approval,  and  written  acceptance  of  the  same  by 
said  company  shall  have  been  filed  with  the  City  Clerk  within  thirty 
(30 1 days  of  the  approval  hereof. 

Passed  the  Council,  June  19,  1888. 

HENRY  KELLING, 

City  Clerk. 

Approved,  June  20,  1888. 

JAMES  McAULIFF, 

Mavor. 


ORDINANCE  NO.  319. 

AN  ORDINANCE  GRANTING  TO  THE  WADE  A WAUA  EIGHT,  POWER  & 
FUEE  COMPANY,  AND  THEIR  ASSIGNS,  THE  RIGHT  TO  CON- 
STRUCT, MAINTAIN  AND  OPERATE  STREET  RAIEWAYS 
IN  AND  ADJACENT  TO  THE  CITY  OF  WAEEA 
WAEEA,  WASHINGTON  TERRITORY. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  there  is  hereby  granted  to  the  Walla  Walla  Light, 
Power  & Fuel  Company,  (a  corporation  duly  organized  under  the  laws 
of  the  Territory  of  Washington,)  the  right  and  privilege  for  the  period 
of  twenty-five  (25)  years  from  the  date  hereof,  to  construct,  maintain 
and  operate  a street  railway,  operate  by  means  of  animal  power,  com- 
pressed air,  steam,  cable  or  electric  power,  in,  upon  and  through  all 
streets,  avenues  and  roads  in  the  City  of  Walla  Walla,  as  the  same  now 
exists  or  may  hereafter  be  extended,  for  the  purpose  of  furnishing  the 
citizens  of  said  City  with  transportation  from  point  to  point  therein. 


268 


ORDINANCKS  OF  THE 


Skc.  2.  The  said  company  in  consideration  of  this  franchise  hereby 
agrees  that  the  fare  charged  passengers  from  point  to  point  within  the 
City  limits  shall  not  exceed  the  maximum  price  of  ten  cents  (ioc.) 

Skc.  3.  The  said  company  further  agrees  that  the  road-bed  of  such 
railways  shall  be  located  upon  the  center  of  each  street  traversed,  and 
that  the  same  shall  be  completed  and  maintained  level  with  the  surface 
ot  said  street  so  as  to  cause  no  unnecessary  impediment  in  crossing  to 
other  vehicles,  and  also  further  agrees  to  restore  all  streets  as  soon  as 
practicable  after  the  construction  of  said  railways  to  their  normal  con- 
dition. 

Skc  4.  I pon  the  said  company  failing,  within  reasonable  time 
after  receipt  of  written  notification,  to  repair,'  restoie  or  maintain  said 
street  surface,  the  City  of  Walla  Walla  may  proceed  to  cause  such  re- 
pairs to  be  performed,  the  cost  of  such  repairs  or  restoration  to  operate 
as  a lien  against  the  plant  of  said  companv. 


SKC.  5.  This  ordinance  shall  take  effect  and  be  in  force'  from  and 
after  its  passage  and  approval,  and  a written  acceptance  of  the  same  by 
said  company  shall  be  filed  within  thirty  (30)  days  of  the  approval 
thereof. 

Passed  the  Council  June  19,  1888. 


Approved,  June  20,  1888. 


HENRY  KEELING, 

City  Clerk. 


JAMES  McAULIFF, 
Mayor. 


ORDINANCE  NO.  320. 

AN  ORDINANCE  GRANTING  A RIGHT  OF  WAY  TO  THE  OREGON  RAID- 
WAY  AND  NAVIGATION  COMPANY  AND  ITS  SUCCESSORS  IN  INTER- 
EST, OVER  AND  ALONG  REES  OR  MAY  AVENUE,  IN  THE  CITY 
OF  WALLA  WALLA,  WITH  THE  RIGHT  TO  CONSTRUCT, 
IMPROVE,  REPAIR,  KEEP,  OPERATE  AND  MAINTAIN 
A RAILROAD  AND  TELEGRAPH  LINK  THEREON. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  r.  That  the  right  to  lay  down,  grade,  construct,  improve, 
repair,  keep,  operate  and  maintain  a railroad  and  telegraph  line  over 
and  along  May  avenue  and  Rees  avenue  from  the  place  where  the  said 


CITY  OF  WALT  A WALLA. 


269 


avenues  are  crossed  by  the  Oregon  Railway  and  Navigation  Company’s 
railroad,  thence  along  said  avenues  or  either  thereof,  to  Washington 
avenue,  thence  along  Washington  avenue  to  the  County  road,  be  and 
the  same  is  hereby  authorized,  granted  and  confirmed. 

Skc.  2.  The  said  railroad  company  shall  make  and  at  all  times 
keep  in  good  condition  and  repair  crossings  and  walks  over  and  across 
said  railroad  track,  in  all  streets  crossing  said  track  in  said  City  not 
heretofore  vacated,  whenever  said  streets  shall  be  ordered  improved 
by  ordinances. 

SEC.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  the  Council,  July  17,  1888. 

HENRY  KELLING, 

City  Clerk 

Approved,  July  18,  1888. 

JAMES  McAULIFF, 

Mayor. 


ORDINANCE  NO.  322. 

AN  ORDINANCE  TO  GRANT  TO  THE  OREGON  AND  WASHINGTON  TERRI- 
TORY RAILROAD  COMPANY  AND  ITS  SUCCESSORS  IN  INTEREST, 
THE  RIGHT  TO  LAY  DOWN,  MAINTAIN  AND  OPERATE  LINES 
OF  RAILROAD  UPON,  OVER  AND  ACROSS  CERTAIN 
STEETS  AND  ALLEYS  IN  THE  CITY  OF 

walla  walla. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  That  there  be  and  is  hereby  given  and  granted  to  the 
Oregon  and  Washington  Territory  Railroad  Company  and  its  successors 
in  interest,  the  right  to  lay  down,  maintain  and  operate  a railroad  line 
over,  along  and  upon  all  the  following  streets  and  alleys,  and  on  the 
following  described  line:  Commencing  at  the  west  end  of  May  avenue 

in  Key’s  addition,  thence  along  May  avenue  to  near  intersection  of 
Bowman  street;  across  Bowman  street  and  Paxton  street  and  Rees  ave- 
nue in  Butler’s  addition;  across  Jackson  street,  Eight  street,  Seventh 
street,  Sixth  street  and  F'ifth  street  in  Langford’s  addition;  across  Moore 
street,  between  blocks  J and  K,  in  Sheil’s  addition;  across  Madison 
street  near  Elm,  in  Sheil’s  addition;  across  Pine  street,  between  blocks 
1 and  8,  in  Shauble’s  addition;  along  Spokane  street,  between  blocks 
23  and  24,  and  between  blocks  7 and  8,  and  across  Spokane  street,  be- 


270 


ORDINANCES  OF  THE 


tween  blocks  5 and  6,  in  Cain’s  addition;  across  Rose  street  between 
blocks  2 and  5,  in  Cain’s  addition;  across  Main  street  at  or  near  inter- 
section of  Palouse  street,  Boyer  avenue  and  Main  street;  across  Tukan- 
non  street  at  intersection  of  Pearl,  along  Pearl'  street  to  Touchet  street, 
across  Toucliet  at  intersection  of  Baker  street,  along  Baker  to  Main 
street,  across  Main  street  at  intersection  of  Baker;  also  across  the  alleys 
in  blocks  1,  2,  3 and  4,  Langford’s  addition;  across  alley  in  block  2,  But- 
ler’s addition,  and  across  and  through  alley  in  block  2,  Cain’s  addition, 
all  in  the  City  of  Walla  Walla. 

Skc.  2.  The  said  railroad  company  shall  make  and  at  all  times 
keep  in  good  condition  and  repair  crossings  and  walks  over  and  across 
said  railroad  track,  in  all  streets  crossing  said  track  in  said  City  not 
heretofore  vacated,  whenever  said  streets  shall  be  ordered  improved  bv 
ordinance.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  prssage  and  approval. 

Passed  the  Council,  September  5,  1888. 

HENRY  KKLLING, 

City  Clerk. 

Approved,  September  5,  1888. 

D.  W.  SMALL, 

Acting  Mayor. 


ORDINANCE  NO.  330. 

AX  ORDINANCE  TO  GRANT  A STREET  RAILWAY  FRANCHISE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  H.  E.  Johnson,  H.  E.  Holmes,  R.  R Reese  and 
Max  Baumeister  their  successors  and  assigns  be  and  are  hereby  author- 
ized and  empowered  to  lav  down,  construct,  grade,  improve  and  repair 
a street  railway  track  on,  over  and  along  any  street  or  streets,  alley  or 
alleys,  within  the  corporate  limits  of  Walla  Walla  City,  and  to  maintain 
and  operate  a street  railway  system  and  run  their  cars  over  same. 

Sec.  2.  That  the  rails  and  road-bed  of  said  track  shall  be  laid  as 
near  as  practicable  on  the  grade  of  the  street  and  in  such  a way  as  not  to 
interfere  with  the  use  of  the  streets  by  teams  or  the  crossing  thereof  by 
vehicles  of  any  kind  ; and  that  the  portion  of  the  street  occupied  by  the 
track  shall  at  all  times  be  kept  in  good  repair. 

SEC.  3.  If  work  on  the  said  street  railway  shall  not  be  commenced 
within  six  months  from  this  date  this  franchise  shall  become  void  ; but 


CITY  OF  WALLA  WALLA. 


271 


if  work  on  the  said  street  railway  shall  be  commenced  and  one  mile  Com- 
pleted within  six  months  from  this  date,  the  right  hereby  granted  shall 
continue  for  twenty-five  years  from  this  date. 

Sec  4.  The  City  of  Walla  Walla  reserves  the  right  at  all  times  to 
regulate  and  limit  the  charges  for  fares  on  said  street  railways,  but  the 
said  City  shall  not  by  any  regulation  or  limitation  reduce  them  below 
five  cents  for  each  adult  person  carried 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  the  Council  February  5,  1889. 

HENRY  REELING. 

City  Clerk. 

Approved,  February  5,  1889. 

GEORGE  T.  THOMPSON, 

Mayor. 


ORDINANCE  NO.  331. 

AN  ORDINANCE  TO  PROHIBIT  THEATERS,  VARIETY  THEATERS,  SHOWS  OR 
VARIETY  SHOWS,  DANCE  HOUSES  OR  PUBLIC  EXHIBITIONS  OF  ANY 
KIND  IN  ANY  ROOM  IN  THE  SAME  STORY,  OR  ON  THE  SAME 
FLOOR  OF  ANY  BUILDING  IN  WHICH  SPIRITUOUS,  FER- 
MENTED, malt  or  othp;r  INTOXICATING  LIQUORS  are 
SOLD  OR  DISPOSED  OF,  OR  CONVEYED  INTO  BY  A 
DUMMY  OR  WAITERS  FOR  THE  PURPOSE  OF 
BEING  DRANK  ON  THE  PREMISES. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  No  theater,  variety  theater,  show,  variety  show,  dance 
house  or  public  exhibition  of  any  kind  shall  be  given  or  held  in  any 
room  in  the  same  story  or  on  the  same  floor  of  any  building  within  the 
corporate  limits -of  the  City  of  Walla  Walla,  in  which  spirituous,  fer- 
mented, malt  or  other  intoxicating  liquors  are  sold  or  disposed  of,  or 
conveyed  into  by  a dummy  or  waiters  for  the  purpose  of  being  drank  on 
the  premises. 

Sec.  2.  No  license  shall  be  granted  to  any  person  or  persons,  firm, 
company  or  corporation,  to  conduct,  manage  or  carry  on  any  theater, 
variety  theater,  show,  variety  show,  dance  house  or  public  exhibition  of 
any  kind  in  any  room,  in  the  same  story  or  on  the  same  floor  of  any 
building  within  the  corporate  limits  of  the  City  of  Walla  Walla,  in  which 


272 


ORDINANCES  OF  THE 


spirituous,  fermented,  malt  or  other  intoxicating  liquors  are  sold  or  dis- 
posed of,  or  conveyed  into  by  a dummy  or  waiters  for  the  purpose  of 
being  drank  on  the  premises  ; and  the  selling  or  disposing  of  any  such 
liquors  in  the  same  room,  or  on  the  same  Moor,  or  in  the  same  story, 
where  any  theater,  variety  theater,  show,  variety  show,  dance  house  or 
public  exhibition  of  any  kind  shall  be  held  or  given,  shall  forfeit  and 
annul  any  license  granted  for  any  theater,  show  or  exhibition  of  any 
kind. 

SEC.  3.  Any  proprietor,  keeper,  or  person  having  control,  or  being 
in  charge  or  possession  of  any  room,  building  or  place  who  give,  permit 
or  allow  any  theater,  variety  theater,  show,  variety  show,  dance  house 
or  public  exhibition  of  any  kind  contrary  to  the  provisions  of  this  ordi- 
nance, shall,  upon  conviction  be  fined  in  any  sum  not  less  than  fifty 
($50)  dollars  or  more  than  one  hundred  ($100)  dollars. 


Skc.  4.  This  ordinance  shall  take  effect  from  and  after  its  passage 
and  publication. 


Passed  the  Council,  February  19.  1SS9. 
Approved,  February  19.  1S89. 


HENRY  KELUNG, 

Citv  Clerk. 


GEORGE  T.  THOMPSON, 
Mavor. 


ORDINANCE  NO.  333. 

AN  ORDINANCE  GRANTING  A RIGHT  OF  WAY  TO  THE  OREGON  R A JEW  AY 
& NAVIGATION  CO.,  OVER  AND  AEONG  THE  AEEEY  IN  BEOCKS  4 
AND  IO  OF  BUTEER’S  ADDITION,  WITH  THE  RIGHT  To 
CONSTRUCT,  KEEP,  OPERATE  AND  MAINTAIN  A 

raieroad  eine  thereon. 

1 he  City  of  J Valla  Walla  does  Ordain  as  follows  : 

Section  i . That  the  right  to  lay  down,  grade, construct  and  maintain 
a railroad  line  over  and  along  the  alley  in  blocks  4 and  10  in  Butler’s  ad- 
dition to  said  City  be  and  is  hereby  granted  to  the  Oregon  Railway  & 
Navigation  Company. 

SEC.  2.  The  said  railroad  company  shall  make  and  at  all  times  keep 
in  good  condition  and  repair  crossings  and  walks  over  and  across  said 
railroad  track  at  all  streets  crossing  said  track  whenever  said  streets 
shall  be  ordered  improved  by  ordinance. 


CITY  OF  WALLA  WALLA. 


273 


SEC.  3.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  approval. 

% 

Passed  the  Council.  April  2,  1889. 

HENRY  KELLING, 

City  Clerk. 

Approved,  April  2,  1889. 

GEORGE  T.  THOMPSON. 

Mayor. 


ORDINANCE  NO.  348. 

AN,  ORDINANCE  TO  ESTABLISH  THE  GRADE  OF  SEVENTH  STREET  BE- 
TWEEN RO.SE  AND  W I BLOW  STREETS. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  grade  of  Seventh  street  between  Rose  and 
Willow  streets  be  established  at  the  following  elevations  above  the  City 
datum  : 

South  side  of  Rose  street 70.00 

North  side  of  Main  street 71.09 

South  side  of  Main  street 71 .09 

North  side  of  Alder  street 73  15 

South  sideof  Alder  street 73.13 

North  side  of  Poplar  street 73.07 

South  side  of  Poplar  street 73  07 

North  side  of  Birch  street 73  07 

South  side  of  Birch  street 73.07 

North  side  of  Willow  street 74.00 

South  side  of  Willow  street 7400 

Sec.  2.  This  ordinance  shall  be  in  effect  from  and  after  its  passage 
and  approval. 

Passed  the  Council  November  5,  1889. 

HENRY  KELLING. 

City  Clerk. 

Approved,  November  5,  1889. 

N.  G.  BLALOCK, 

Mayor. 


274 


ORDINANCES  OF  THE 


ORDINANCE  NO.  372. 

AN  ORDINANCE  IN  RELATION  TO  ANIMATS  GRAZING  IN  STREETS 

AND  ALLEYS. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  That  it  shall  be  unlawful  for  any  person  to  herd,  drive, 
picket  or  tie  any  grazing  animal  in  any  street  or  alley  within  the  City 
limits  for  the  purpose  of  pasture  or  for  the  purpose  of  allowing  any  such 
animal  to  graze  in  any  such  street  or  alley. 

Sec  2.  ' Any  person  violating  any  of  the  provisions  of  this  ordinance, 
shall,  on  conviction  thereof,  be  fined  any  sum  not  less  than  #5  or  more 
than  $100. 

Sec.  3.  It  is  hereby  made  the  duty  of  all  police  officers  and  of  the 
Pounduiaster  to  enforce  the  provisions  of  this  ordinance,  and  make  com- 
plaints against  all  persons  guilty  of  violating  any  of  the  provisions 
hereof. 

Sec.  4 This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

Passed  the  Council,  June  3,  1890. 

HENRY  KELLING, 

City  Clerk. 

Approved,  June  3,  1890. 

N G.  BLALOCK, 

Mayor. 


ORDINANCE  NO.  382. 

AN  ORDINANCE  TO  PROVIDE  A MANNER  OF  TRIAL,  OF  ANY  ELECTED 
CITY  OFFICER  ON  CHARGES  PREFERRED  AGATNST 
SUCH  OFFICERS. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

.Section  1.  That  all  charges  against  any  elected  City  officer  must 
be  in  writing  signed  by  .some  citizen  and  duly  verified  by  affidavit  and  a 
copy  thereof  served  on  the  accused  officer. 

Sec.  2.  When  charges  are  preferred  as  aforesaid,  the  Mayor  shall 
fix  a time  for  the  trial  thereof,  and  call  the  Council  to  meet  for  the  pur- 
pose of  trying  the  accused  and  notify  the  members  of  the  Council  of  the 


CITY  OF  WALLA  WALLA 


275 


time  and  place  of  such  trial,  and  when  the  Couucil  is  assembled  for  that 
purpose  they  shall  hear  all  the  evidence  under  the  same  rules  as  to  pro- 
ceedings and  practice  as  prevail  in  courts  of  justice  in  this  State. 

Sec.  3.  At  the  conclusion  of  the  trial  the  Council  shall  decide  the 
charges  sustained  or  not  sustained  as  the  case  may  be,  and  shall  pro- 
nounce judgment  and  sentence  according  to  the  provisions  of  the  City 
charter. 

SEC.  4.  The  Mayor  shall  issue  subpoenas  requiring  all  witnesses  re- 
quired by  either  party  to  attend  such  trial  and  testify  thereat. 

SEC.  5.  This  ordinance  shall  be  in  force  from  and  after  its  passage, 
approval  and  publication. 


Passed  the  Council  September  19,  1890. 


Approved.  September  19,  1890. 


HENRY  KELLING, 

City  Clerk. 


N.  G.  BLALOCK. 

Mayor. 


ORDINANCE  NO.  388. 

AN  ORDINANCE  TO  PROTECT  TELEGRAPH,  TELEPHONE  AND  ELECTRIC 
LIGHT  POLES,  AND  REQUIRING  THE  SAME  TO  BE  PAINTED. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  that  it  shall  be  unlawful  for  any  person  or  corporation 
to  injure,  impair  or  remove  any  telegraph,  telephone  or  electric  light 
poles  lawfully  erected  within  any  of  the  streets  of  this  City,  or  to  attach 
thereto  any  placard,  handbill  or  any  other  thing  whatever;  provided, 
nevertheless  that  nothing  in  this  section  contained  shall  prevent  the  City 
of  Walla  Walla  from  causing  the  removal  or  change  of  location  of  any  of 
the  things  mentioned  in  this  ordinance,  when  the  City  shall  deem  it  ad- 
visable so  to  do  ; provided,  that  the  person  or  company  owning  such 
poles  shall  first  paint  such  poles  and  post  notices  at  their  own  expense 
on  the  said  poles  of  the  provisions  of  this  ordinance  before  it  shall  be 
unlawful  to  do  the  things  herein  mentioned  and  prohibited. 

Sec.  2.  That  any  person  who  shall  violate  the  provisions  of  Section 
j of  this  ordinance  shall,  on  conviction  thereof,  be  fined  in  a sum  of  not 
more  than  #20. 

SEC.  3.  That  all  telephone,  telegraph  and  electric  light  poles  now 


276 


ORDINANCES  OF  THE 


erected  shall  be  painted  on  or  before  April  I,  1891,  and  all  hereafter 
erected,  within  thirty  days  after  their  erection  by  the  person  or  corpora- 
tion owning  the  same. 

SEC.  4.  This  ordinance  shall  be  in  force  after  its  passage,  approval 
and  publication. 

Passed  the  Council  December  2.  1890. 

HENRY  KEELING. 

City  Clerk. 

Approved,  December  2,  1890. 

N.  G.  BLALOCK. 

Mayor. 


ORDINANCE  NO.  412. 

AN  ORDINANCE  TO  PROHIBIT  OBSTRUCTIONS  OF  Ml  EE  CREEK. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  That  no  person  shall  narrow  the  present  channel  of 
Mill  creek  within  the  limits  of  the  City  of  Walla  Walla  or  put  in  the  said 
creek  any  obstructions  to  the  flow  of  the  current  thereof,  without  having- 
first  obtained  a permit  therefor,  specifying  the  locality  of  abutment, 
pier,  piling  or  fill,  and  the  kind  and  nature  thereof  and  the  manner  in 
which  it  is  to  be  made,  from  the  street  department  of  said  City  and  all 
work  done  under  said  permit  shall  be  done  under  the  auspices  of  said 
department  and  according  to  its  direction. 

SEC.  2.  It  shall  be  the  duty  of  the  street  department  to  imme- 
diately cause  a survey  of  the  channel  and  banks  ot  Mill  creek  within 
said  City  limits  and  so  much  thereof  as  may  be  necessary  to  protect  said 
City,  both  above  and  below  said  City  to  be  made,  and  mark  and  describe 
the  banks  and  boundaries  thereof  to  the  narrowest  limit  deemed  con- 
sistent with  the  safety  of  the  City,  with  the  necessary  turns  and  windings 
to  preserve  property,  and  cause  a plat  to  be  made  thereof ; provided, 
that  the  channel  of  said  creek  shall  not  be  less  than  46  feet  wide  at 
any  place  within  said  City. 

SEC.  3.  The  City  Attorney  shall  sue  out  a writ  of  injunction  01- 
institute  other  proceedings  to  prevent  any  person  from  violating  this 
ordinance. 


CITY  OF  WALLA  WALLA. 


277 


Passed  the  Council  June  2,  1891. 


Approved,  June  2,  1891. 

N.  G.  BLALOCK, 

Mayor. 


HENRY  KELLING, 

City  Clerk. 


ORDINANCE  NO.  414. 

-AN  ORDINANCE  TO  AUTHORIZE  THE  CONTRACTING  AND  INCURRING  OF  A 
CITY  INDEBTEDNESS  FOR  THE  FUNDING  OF  THE  PRESENT  CITY  IN- 
DEBTEDNESS AND  FOR  THE  MAKING  OF  MUNICIPAL  IMPROVE- 
MENTS TO  THE  AMOUNT  OF  $50,000,  AND  PROVIDING  FOR 
THE  ISSUING  OF  BONDS  THEREFOR,  PROVIDED,  THREE- 
FIFTHS  OF  THE  VOTERS  VOTING  AT  AN  ELECTION 
TO  BE  HELD  AS  HEREIN  PROVIDED  FOR,  VOTE 
FOR  AND  ASSENT  THERETO. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  That  the  Cit}'  shall  borrow  the  sum  of  $50,000  and  con- 
tract an  indebtedness  of  said  amount  for  the  funding  of  the  present  City 
indebtedness  and  for  the  making  of  municipal  improvements. 

Sec.  2.  That  the  City  issue  as  evidence  of  said  indebtedness  bonds 
to  the  said  amount,  which  said  bonds  shall  be  in  the  denomination  of 
$;cooo  each,  due  in  twenty  years  after  date  and  draw  interest  at  a rate  of 
not  to  exceed  6 per  cent,  per  annum,  interest  payable  semi-annually. 
Such  bonds,  both  principal  and  interest,  shall  be  payable  at  such  place 
as  shall  be  hereafter  designated  by  the  Council,  and  the  form  of  said 
bonds  to  be  hereafter  prescribed  by  the  City. 

SEC.  3.  That  the  said  money  shall  not  be  borrowed,  nor  indebted- 
ness incurred,  nor  bonds  issued  unless  three-fifths  of  the  voters  voting  at 
an  election  to  be  held  for  that  purpose  on  July  13,  1891,  that  being  the 
date  of  the  annual  City  election,  vote  for  and  assent  thereto,  and  twenty 
days  notice  shall  be  given  of  said  election  by  the  City  Clerk,  which  no- 
tice shall  state  the  object  for  which  the  indebtedness  is  proposed  to  be 
incurred,  the  amount  thereof,  and  that  such  election  is  held  by  virtue  of 
the  authority  of  this  ordinance. 

Sec.  4.  That  such  election  shall  be  conducted  as  near  as  may  be  in 
the  manner  provided  by  law  for  holding  general  City  elections  and  the 
the  result  canvassed  and  entered  on  the  City  records. 


27« 


ORDINANCES  OF  THE 


Sec.  5.  That  such  election  shall  be  held  under  the  supervision  of 
the  same  election  officers  and  at  the  same  polling  places  as  the  general 
City  election,  and  the  ballot  used  at  said  election  shall  read  substantially 
as  follows  : “For  the  borrowing  of  $50,000  for  the  funding  of  the  pre- 

sent City  indebtedness  and  for  the  making  of  municipal  improvements, 
as  provided  by  Ordinance  No.  414“  or  “against  the  borrowing  of  $50,000 
for  the  funding  of  the  present  City  indebtedness  and  for  the  making  of 
municipal  improvements  as  provided  by  Ordinance  No.  414,”  and  such 
ballot  shall  be  separate  from  the  ballots  for  City  officers  and  deposited 
in  a ballot  box  separate  therefrom. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

Passed  the  Council,  June  16,  1891. 

HENRY  KEELING, 

City  Clerk. 

Approved,  June  16,  1891. 

N.  G.  BLALOCK, 

Mayor. 


ORDINANCE  NO.  417. 

AN  ORDINANCE  GRANTING  TO  THE  WALLA  WALLA  AGRICULTURAL  ANI) 

industrial  exposition,  incorporated,  the  right  to  con- 
struct AND  MAINTAIN  A BUILDING  SPANNING  MILL 
CREEK  ON  THE  SOUTHERLY  SIDE  OF  MAIN  STREET 
AND  ADJOINING  FIRST  STREET. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  r.  That  the  City  of  Walla  Walla  does  hereby  grant  to  and 
confer  upon  the  Walla  Walla  Agricultural  and  Industrial  Exposition  the 
right  to  build,  construct  and  permanently  maintain  a building  across  and 
over  the  channel  of  Mill  creek  within  the  entire  limits  of  certain  lands 
now  owned  by  said  company  at  the  southeast  corner  of  Main  and  First 
streets,  and  for  such  other  distance  up  and  over  the  channel  of  Mill 
creek  as  will  intersect  the  easterly  line  of  their  said  property  if  extended 
across  said  creek,  the  same  to  be  erected  upon  stone  foundations  and 
piers  sufficiently  high  from  the  bed  of  the  creek  to  allow  ample  room 
for  the  waters  of  said  creek  to  pass  under  the  said  building  at  all  times 
and  the  said  Walla  Walla  Agricultural  and  Industrial  Exposition  to,  at 
all  times,  keep  the  channel  of  said  creek  under  said  building  between 


CITY  OF  WALLA  WALLA. 


279 


\ 


said  foundations  and  piers  free  from  any  and  all  obstructions,  said  build- 
ing to  be  a permanent  and  substantial  building  to  cost  not  less  than 
$ir5,ooo. 

SEC.  2.  That  the  rights  and  privileges  hereby  granted  are  upon 
the  express  condition  that  said  Walla  Walla  Agricultural  and  Industrial 
Exposition  shall  comply  fully  with  all  the  terms  hereof. 

Sec  3.  This  ordinance  is  intended  to  give  effect  to  a certain  grant 
made  to  said  corporation  at  a regular  meeting  of  the  City  Council, 
November  18,  1890,  regularly  and  duly  adopted  and  entered  in  the  min- 
utes of  said  meeting  as  shown  in  Record  of  Council  Proceedings  at  Page 
523- 

SEC.  4.  This  ordinance  shall  be  in  force  from  and  after  its  passage, 
approval  and  publication. 

Passed  the  Council,  July  11,  1891. 

HENRY  KELLING, 

City  Clerk. 

Approved,  July  11,  1891. 

N.  G.  BLALOCK, 

Mayor. 


ORDINANCE  NO.  424. 

AN  ORDINANCE  TO  REGULATE  EMPLOYES  IN  DRINKING  SALOONS,  AND 
PREVENT  DANCING,  MUSIC  AND  SINGING  THEREIN,  AND  IN 
PLACES  ADJOINING  AND  CONNECTED  THEREWITH. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

SECTION  i.  No  proprietor,  keeper  or  person  having  control  of  a 
place  wherein  spirituous  or  malt  liquor  is  sold  shall  induce  or  permit  any 
woman  or  girl  to  dance  or  sing  therein,  or  in  any  premises  or  room  over 
which  he  has  control,  or  connected  therewith,  or  adjacent  thereto. 

Sec.  2 No  proprietor,  keeper  or  person  having  control  of  any 
premises,  room,  or  place  connected  with  or  opening  into  any  room  or 
hallway,  or  stairway  connected  with  an}’  place  where  spirituous  or  malt 
liquor  is  sold  shall  permit  any  woman  or  girl  to  dance  or  sing  therein. 

SEC.  3.  No  proprietor,  keeper  or  person  having  control  of  any 
place  where  spirituous  or  malt  liquor  is  sold  or  disposed  of  shall  permit, 
or  allow,  or  employ  any  woman  or  girl  to  wait  on  customers  or  attend 
the  bar. 


28o 


ORDINANCES  OF  THE 


Sec.  4.  No  proprietor,  keeper  or  person  having  control  of  any 
premises,  room  or  place  where  spirituous  or  malt  liquor  is  sold  or  dis- 
posed of,  shall  permit  or  allow  any  music  or  singing  on  said  premises. 

SEC.  5.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less 
than  $25  nor  more  than  #100 

Sec.  6.  Ordinance  No.  245  entitled  “an  ordinance  to  regulate  em- 
ployes in  drinking  saloons  and  prevent  dancing  therein  and  in  places 
adjoining  and  connected  .therewith,”  and  all  ordinances  or  parts  of  ordi- 
nances in  conflict  with  the  provisions  of  this  ordinance,  are  hereby  re- 
pealed. 

Sec.  7.  This  ordinance  shall  be  in  force  and  take  effect  from  and 
after  its  passage  and  approval. 

Passed  the  Council,  September  15,  1891. 


Approved,  September  15,  1891. 


HENRY  KEELING, 

City  Clerk. 


JOHN  L.  ROBERTS, 

Mayor. 


ORDINANCE  NO.  434. 

AN'  ORDINANCE  TO  AUTHORIZE  THE  BORROWING  OF  $40,000  FOR 
FUNDING  THE  OUTSTANDING  INDEBTEDNESS  OF  THE  CITY  OF 
WADE  A WALLA,  AND  THE  ISSUANCE  OF  $40,000  OF  BONDS  OF' 
THE  CITY  OF  WALLA  WALLA  FOR  SUCH  PURPOSE,  AND 
TO  REPEAL  ORDINANCE  NO.  423,  ENTITLED  “ AN  ORDI- 
NANCE TO  AUTHORIZE  THE  BORROWING  OF  THE 
SUM  OF  $40,000  BY  THE  CITY  OF  WALLA 
WALLA,  FOR  THE  PURPOSE  OF  FUND- 
ING THE  PRESENT  CITY  IN- 
DEBTEDNESS.” 

The  City  of  Walla  Walla  does  or  dam  as  follows: 

Section  i.  Whereas,  the  City  of  Walla  Walla  has  outstanding 
and  unpaid  its  legally  issued  warrants  and  other  evidence  of  indebted- 
ness amounting  to  the  sum  of  $44,556.05,  all  of  which  said  warrants, 
were  legally  issued  for  purely  municipal  purposes,  and  for  the  payment 
of  which  the  City  is  legally  bound  and  holden;  and  whereas,  the  said 
floating  indebtedness  can  be  funded  at  a lower  rate  of  interest  and  with 


CITY  OF  WALL  A WALLA. 


281 


profit  and  benefit  to  the  City;  and  whereas,  it  is  necessary  to  borrow  for 
said  purpose  the  sum  of  $40,000,  which  said  sum  can  be  borrowed  at  the 
lowest  rate  of  interest  and  upon  the  most  advantageous  terms  by  the 
issue  and  sale  of  negotiable  twenty  year  bonds  of  the  City,  bearing 
six  per  cent,  interest,  payable  semi-annually;  and  ihe  City  of  Walla 
Walla,  being  a City  of  other  than  the  first  class,  and  none  of  said  war- 
rants having  been  issued  for  the  purpose  of  supplying  the  City  with 
water,  artificial  light  or  sewers,  has  full  power  and  authority  to  borrow 
said  money  and  issue  and  sell  negotiable  bonds  as  herein  provided  for, 
under  authority  of  an  act  of  the  Legislature  of  the  State  of  Washing- 
ton, approved  March  7,  1891,  entitled  •*  An  Act  to  authorize  Cities  and 
Towns  to  borrow  money  for  municipal  purposes  and  to  issue  negotiable 
bonds  therefor;”  and,  whereas,  the  City  of  Walla  Walla  has  received  a 
large  number  of  bids  for  said  bonds,  and  has  accepted  the  highest  and 
best  bid,  which  is  more  than  par  and  accrued  interest,  and  is  a fair  price 
for  said  bonds;  now,  therefore. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Sec.  2.  That  there  be,  and  hereby  are,  ordered  issued  $40,000  of 
negotiable  bonds  of  the  City  of  Walla  Walla,  said  bonds  to  be  of  the 
denomination  of  $1000  each,  to  be  forty  in  number,  numbered  from  one 
to  forty,  both  numbers  inclusive,  and  each  of  said  bonds  shall  bear  date 
and  draw  interest  from  January  1,  1892,  and  shall  be  due  and  payable 
January  1,  1912,  and  bear  interest  from  date,  until  paid,  at  the  rate  of 
six  per  cent,  per  annum,  payable  semi-annually,  on  the  first  day  of  Jan- 
uary and  July  in  each  year;  and  each  of  said  bonds  shall  be  signed  by 
the  Mayor  and  by  the  City  Clerk  of  the  City  of  Walla  Walla,  and  sealed 
with  the  seal  of  said  City,  and  each  of  said  bonds  shall  be  payable,  both 
principal  and  interest,  in  lawful  money  of  the  United  States,  at  the 
Chemical  National  bank  in  the  City  of  New  York,  upon  the  presenta 
tion  and  surrender  of  the  b onds  and  coupons  as  they  severally  mature. 
Bach  of  said  bonds  shall  have  attached  thereto  forty  coupons,  each 
bearing  the  number  of  the  bond  to  which  it  is  attached,  each  for  the 
sum  of  $30,  representing  the  semi-annual  interest  payments  to  fall  due 
upon  said  bonds,  said  coupons  to  be  numbered  from  one  to  forty,  both 
numbers  inclusive,  one  thereof  to  mature  on  the  first  day  of  January 
and  July  in  each  year,  until  the  maturity  of  said  bonds,  the  first  of  said 
coupons  to  mature  July  1,  1892,  said  coupons  to  be  signed  by  the  Mayor 
and  the  City  Clerk.  Bach  of  said  bonds  shall  contain  a proper  recital 
showing  that  the  same  was  lawfully  issued  and  delivered,  and  shall  con- 
tain a provision  irrevocable  pledging  the  full  faith  and  credit  of  the 
City  of  Walla  Walla  to  the  payment  of  the  same,  principal  and  interest, 
according  to  the  tenor  thereof. 

Sec.  3.  It  is  hereby  stated,  recited  and  declared  that  the  assessed 


ORDINANCES  OF  THE 


282 


valuation  of  the  taxable  property  of  the  City  as  ascertained  by  the  last 
assessment  of  said  City,  for  City  purposes  previous  to  the  passage  of 
this  ordinance,  is  $3,108,290,  the  amount  of  the  indebtedness  of  the  City, 
including  this  issue  of  bonds,  at  this  date,  is  $44,556.05. 

SEC.  4.  The  Mayor  and  City  Clerk  of  the  City  of  Walla  Walla,  are 
hereby  authorized,  empowered,  instructed  and  directed  to  sign  and  seal 
with  the  seal  of  the  City,  execute  and  issue  said  bonds  and  coupons  for 
and  on  behalf  of  the  City  of  Walla  Walla,  and  to  deliver  said  bonds  so 
signed,  and  issued  to  the  purchasers  in  accordance  with  the  terms  of 
the  contract  heretofore  entered  into. 

Sec.  5.  The  Treasurer  of  the  City  of  Walla  Walla  is  hereby  di- 
rected to  keep  in  the  register,  provided  for  that  purpose,  a record  of  all 
of  said  bonds,  which  register  shall  show  the  number,  date,  amount,  rate 
of  interest,  name  of  payee  and  when  and  where  payable. 

SEC.  6.  And  there  is  hereby  levied  on  all  of  the  taxable  property 
of  the  City  of  Walla  Walla,  in  addition  to  the  tax  for  other  purposes  in 
said  City,  a tax  to  pay  the  interest  on  said  bonds  as  the  same  shall  ac- 
crue, and  before  seven  years  prior  to  the  maturity  of  any  bonds,  there 
shall  also  be  annually  levied  a sinking  fund  tax  sufficient  for  the  pay- 
ment of  said  bonds  at  maturity;  which  said  taxes  shall  become  due  and 
collectible  as  other  taxes  are. 

SEC.  7.  Each  of  the  aforesaid  bonds  shall  have  printed  on  the 
back  thereof  a copy  of  the  act,  under  authority  of  which  this  issue  of 
bonds  is  made,  a copy  of  this  ordinance,  a statement  of  the  Mayor 
and  City  Clerk  that  this  ordinance  was  passed  by  the  vote  of  at  least 
four  Councilmen,  and  a statement  of  the  City  Treasurer  that  the  same 
has  been  registered  as  required  by  law. 

SEC.  8.  That  ordinance  No.  423,  entitled  “ A11  ordinance  to  au- 
thorize the  borrowing  of  the  sum  of  $40,000,  by  the  City  of  Walla  Walla 
for  the  purpose  of  funding  the  present  City  indebtedness,”  passed  and 
approved  September  15,  1891,  be  and  the  same  is  hereby  repealed. 

Sec.  9.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 


Passed  the  Citv  Council,  December  28,  1891. 


Approved,  December  28,  1891. 


HENRY  KEELING, 

City  Clerk, 


JOHN  L ROBERTS, 
Mayor. 


CITY  OF  WALLA  WALLA. 


283 


ORDINANCE  NO.  469. 

AN  ORDINANCE  TO  PROHIBIT  THE  PICKING,  “SLIPPING”  CUTTING  OR 
REMOVAL  OF  ANY  PLANT,  FLOWER,  SHRUB,  VINE  OR  BUSH  FROM 
ANY  GRAVE,  LOT  OR  ENCLOSURE  WITHIN  THE 
CITY  CEMETERY. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  any  person  or  persons  who  shall  cut,  slip,  pick, 
.slip,  break  or  remove  from  any  lot,  grave  or  in.closure,  within  the  limits 
of  the  City  cemetery  any  flower,  vine,  plant,  shrub,  or  bush,  or  tree  or 
any  part  thereof,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding  ten  ($to)  dol- 
lars for  each  and  every  offense. 

Sec.  2 That  this  ordinance  shall  not  apply  to  the  removal  of  any 
of  the  above  described  articles  by  the  City  Sexton  or  when  done  under 
his  direction  or  authority  for  the  improvement  or  benefit  of  the  grounds. 

Sec.  3.  This  ordinance  shall  be  in  force  and  effect  upon  its  passage 
by  the  Council  and  approval  of  the  Mayor. 

Passed  the  Council,  April  18,  1893. 

HENRY  KELLING, 

City  Clerk. 

Approved,  April  18,  1893. 

JOHN  L.  ROBERTS. 

Mayor. 


ORDINANCE  NO.  471. 

AN  ORDINANCE  TO  PREVENT  DAMAGE  TO  ANY  SIDEWALK  OR  ' PARK” 
ADJACENT  THERETO,  BY  ALLOWING  ANIMALS  TO 
TRESPASS  THEREON. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  That  ail)-  person  or  persons  who  shall  drive  or  ride,  or 
allow  any  horse,  cow  or  other  animal  to  go  upon  any  sidewalks,  or  that 
part  adjacent  thereto,  termed  “the  park”  to  their  damage,  on  any  street 
of  the  City  of  Walla  Walla,  where  Such  street  has  been  graded,  sidewalked 
or  “parked,”  or  shall  cause  any  damage  to  any  tree,  shrub  or  sod,  planted, 
sowed  or  growing  within  said  “park,”  or  shall  damage  any  part  of  said 
sidewalk,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 


2S4 


ORDINANCES  OF  THE 


thereof,  shall  be  fined  in  any  sum  not  exceeding  $10  for  each  offense, 
and  in  addition  thereof  to  such  fine  shall  pay  the  cost  of  repair  to  such 
sidewalk,  or  replacing  of  any  tree,  shrub  or  sod  damaged. 

SEC.  2 This  ordinance  shall  be  in  force  and  effect  upon  its  passage 
by  the  Council  and  approval  by  the  Mayor. 

Pas.sed  the  Council  May  2,  1893. 

HENRY  KEELING, 

City  Clerk. 

Approved,  May  2,  1893. 

JOHN  E.  ROBERTS, 

Mayor. 


ORDINANCE  NO.  480. 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  CONSTRUCTION  OF  A SYSTEM  OF 
WATERWORKS  TO  SPECIFY  AND  ADOPT  THE  GRAVITY  SYSTEM  OF 
WATERWORKS,  TO  AUTHORIZE  THE  PURCHASE,  CONDEMNATION  AND 
APPROPRIATION  OF  LANDS  IN  THE  CITY  OF  WALLA  WALLA  AND 
THE  COUNTY  OF  WALLA  WALLA,  NECESSARY  AND  EXPEDIENT  FOR 
THE  CONSTRUCTION  AND  MAINTAINENCE  OF  SAID  WATER  WORKS 
AND  FOR  A RIGHT  OF  WAY,  TO  DECLARE  THE  ESTIMATED  COST  OF 
SAID  WATER  WORKS,  LANDS  AND  RIGHT  OF  WAY;  TO  PROVIDE 
FOR  BORROWING  MONEY  TO  BE  USED  IN  PAYMENT  THEREFOR 
BY  ISSUING  THE  NEGOTIABLE  COUPON  BONDS  OF  SAID  CITY  FOR 
THE  SUM  OF  $160, COO;  AND  TO  PROVIDE  FOR  THE  CALLING  OF  A 
SPECIAL  ELECTION  FOR  SUBMITTING  .SUCH  QUESTIONS  TO  THE 
QUALIFIED  VOTERS  OF  THE  CITY  OF  WALLA  WALLA  FOR  THEIR 
RATIFICATION  OR  REJECTION. 

1'he  City  of  Walla  Walla  does  Ordain  as  follows  : 

Whereas,  the  City  Council  of  said  City  of  Walla  Walla  deem  it  ad- 
visable that  the  said  City  shall  exercise  the  authority  conferred  upon 
them  in  relation  to  waterworks  under  and  by  virtue  of  an  act  of  the 
legislature  of  the  State  of  Washington,  entitled  ;*An  act  relating  to  and 
authorizing  Cities  and  Towns  to  purchase,  construct  and  maintain  water- 
works, systems  of  sewerage,  gas  and  electric  light  plants,  and  to  issue 
bonds  to  pay  therefor,  and  declaring  an  emergency,’'  approved,  Febru- 
ary 10,  1893,  now  therefore, 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  the  gravity  system  of  waterworks  be,  and  the 


same  is  hereby  specified  and  adopted,  and  the  same  shall  be  constructed 
so  that  it  shall  be  sufficient  to  adequately  supply  the  City  of  Walla  Walla 
and  the  inhabitants  thereof  with  pure, fresh  water,  sufficient  for  all  their 
necessary  uses. 

SKC.  2.  The  estimated  cost  of  said  system  of  waterworks  and  im- 
provements as  herein  proposed  is  $160,000  divided  as  follows: 


1,472.22  tons  of  cast  iron  pipe  at  $45.10 $66,397 

Laying  87,530  linear  feet  4 to  14  inch  pipe 15>5°2 

Hydrant  connections 1.290 

Pipe  delivery 736 

Special  castings Lo37 

70  hydrants 2,700 

1 14  valves 3>000 

Gravity  main 42.929 

Water  supply ••••  10,000 

L inds  and  right  of  way 8,000 

Contingency  and  engineering ...  7.609 


Total  estimated  cost $160,000 


It  being  proposed  to  take  the  necessary  supply  of  water  from  a point 
on  the  following  described  premises  in  Walla  -Walla  County,  State  of 
Washington,  to-wit : Beginning  at  a point  described  in  deed  from  Joseph 
W.  Harbert  to  Green  Riffle  as  being  a point  30.95  chains  north  of  a point 
where  the  south  line  of  the  United  States  Military  Timber  Reservation 
intersects  the  section  line  between  Sections  23  and  24,  Tp.  7,  N.  R.  36, 
E.  W.  M.,  thence  south  1 1 75. 7 feet;  thence  north  64°  15',  east  1.28  feet; 
thence  north  89°  03'  east  150  feet;  thence  north  66°  45'  east  500  feet; 

thence  north  540  48'  east  200  feet;  thence  north  50°  35/  east  283  feet; 

thence  north  69°  52'  east  200  feet;  thence  north  870  43/  east  0.93  feet; 
thence  south  86°  44'  east  300  feet;  thence  south  84°  I4/  east  100  feet; 

thence  north  56°  30'  east  1300  feet;  thence  south  85°  26'  west  383  feet; 

thence  north  66°  33/  west  399  feet;  thence  south  240  53'  west  531.8  feet; 
thence  south  6o°  27'  west  183.8  feet;  thence  north  180  22'  west  320  feet; 
thence  north  150  03'  west  .075.2  feet;  thence  south  790  west  1350  feet,  to 
the  point  of  beginning,  containing  in  all  56.20  acres,  and  to  conduct  the 
same  by  means  of  mains  and  supply  pipes  by  the  shortest  and  most  dir- 
ect route  practicable  to  the  corporate  limits  of  said  City,  and  to  distribute 
the  same  by  means  of  mains  and  pipes  throughout  said  City. 

SEC.  3.  That  the  Mayor  and  Water  Committee  of  said  Council  shall 
have  the  power  to  purchase  lauds  necessary  and  expedient  for  obtaining 
said  supply  of  water,  for  maintaining  a water  works  plant  and  for  right 
of  way,  and  in  the  event  that  the  said  City  Council  shall  be  unable  to 
agree  with  the  owner  or  owners  of  any  said  land  necessary  or  expedient 


286 


ORDINANCES  OF  THE 


for  the  purposes  above  specified,  the  said  land  shall  be  appropriated  and 
condemned  under  and  by  virtue  and  in  accordance  with  an  act  of  the 
legislature  of  the  State  of  Washington,  entitled  “an  act  to  regulate  the 
mode  of  proceeding  to  appropriate  lands,  real  estate  or  property  by  cor- 
porations for  corporate  purposes,  and  of  ascertaining  and  securing  com- 
pensation therefor,  and  repealing  laws  in  conflict  with  this  act  and  de- 
claring an  emergency,”  approved,  March  21,  1890,  as  amended  by  an  act 
of  said  legislature,  entitled  “An  act  in  relation  to  the  appropriation  or 
property  by  corporation,”  approved,  February  25,  1891,  and  as  further 
amended  by  an  act  of  said  Legislature,  entitled  “An  act  giving  the  power 
and  regulating  the  mode  of  proceedureto  acquire, take  or  damage  private 
property  by  municipal  corporations,  except  Cities  of  the  first  class  and 
of  ascertaining  and  securing  compensation  therefor  and  repealing  laws 
in  conflict  with  this  act,”  approved  March  8,  1893. 

SKC.  4 For  the  purpose  of  borrowing  money  for  the  construction 
of  said  water  works  and  the  payment  for,  said  lands  and  right  of  way, 
the  City  of  Walla  Walla  shall  issue  its  negotiable  coupon  bohds  for  the 
sum  of  one  hundred  and  sixty  thousand  dollars  in  denominations  of  one 
thousand  dollars  each,  numbered  from  one  up  consecutively,  bearing  the 
date  of  their  issue,  payable  not  more  than  twenty  years  from  their  date 
to  bearer  at  some  bank  in  the  City  of  New  York,  State  of  New  York 
to  be  hereafter  designated  by  said  Council,  bearing  interest  at  five  per 
cent  per  annum,  interest  payable  semi-annually,  with  interest  coupons 
attached,  to  be  payable  in  gold  coin  of  the  United  States  of  America  of 
the  present  standard,  weight  and  fineness,  and  to  be  known  as  the 
‘ water  bonds  of  the  City  of  Walla  Walla,”  and  said  bonds  shall,  after 
being  duly  advertised  for  sale  for  at  least  thirty  days,  shall  be  sold  by  the 
said  City  Council  upon  the  most  advantageous  terms,  and  the  proceeds 
of  said  bonds  shall  be  paid  into  the  City  Treasury  to  the  credit  of  a fund 
to  be  known  as  the  “City  Water  Fund,” 

Sec.  5.  If  the  incurring  of  said  indebtedness  and  the  issue  of  said 
bouds  shall  be  authorized  by  vote  of  the  people  as  hereinafter  provided 
for,  there  shall  be  levied  each  year  a tax  upon  the  taxable  property  of 
said  City  of  Walla  Walla  sufficient  to  pay  the  interest  on  said  bonds  as 
the  same  accrues,  and  before  seven  years  prior  to  the  maturity  of  said 
bonds  an  annual  sinking  fund  tax  sufficient  for  the  payment  of  said  bonds 
at  maturity,  which  taxes  shall  become  due  and  collectible  by  said  City 
as  other  taxes,  and  in  accordance  with  the  RevenueLaws  of  the  State  of 
Washington. 

Sec.  6.  That  a special  election  shall  be  held  in  aud  for  said  City  of 
Walla  Walla  on  the  27th  day  of  July.  1893,  for  the  purpose  of  submitting 
to  the  qualified  voters  of  said  Citv  the  question  of  the  adoption  or  rejec- 


CITY  OF  WAEEA  WALLA 


287 


tion  of  the  said  proposed  system  of  water  works  and  the  question  whether 
the  said  City  shall  become  indebted  and  issue  bonds  for  the  construction 
of  said  water  works  as  above  specified. 


Sec.  7.  All  persons  who  shall  be  in  favor  of  the  adoption  of  said 
gravity  system  and  the  construction  of  said  water  works  and  the  incurr- 
ing of  said  indebtedness  as  herein  proposed,  shall  at  said  election  vote  a 
ballot,  containing  the  following  words,  to- wit  : “In  favor  of  the  adoption 
of  the  gravity  system  of  water  works  and  the  construction  of  waterworks 
by  the  City  of  Walla  Walla,  and  the  incurring  of  an  indebtedness  for 
said  water  works  and  the  issuing  of  negotiable  coupon  bonds  of  said  City 
therefor,  in  accordance  with  Ordinance  No.  480  of  said  City  of  Walla 
Walla.”  Every  person  who  shall  vote  against  said  propositions  shall 
vote  a ballot  containing  the  following  words,  to-wit  : “Against  the  adop- 
tion of  the  gravity  system  of  water  works  and  the  construction  of  water 
works  by  the  City  of  Walla  Walla,  and  the  incurring  of  an  indebtedness 
for  said  water  works,  and  the  issuing  of  negotiable  coupon  bonds  of  said 
City  therefor,  in  accordance  with  Ordinance  No.  480  of  said  City  of  Walla 
Walla.” 


SEC  8.  Said  election  shall  be  held  at  such  voting  places  in  the 
several  precincts  of  said  City,  and  shall  be  conducted  by  such  judges  and 
inspectors  of  election  as  may  be  hereafter  designated  and  appointed,  and 
shall  be  conducted  in  all  respects  as  provided  by  the  charter  of  said  City 
and  the  general  laws  of  the  State  of  Washington.  The  Citv  Clerk  shall 
give  at  least  thirty  days  notice  of  the  time,  place  and  purpose  of  said 
election  and  of  the  proposition  to  be  submitted  thereat  together  with  the 
form  of  ballot  to  be  used,  which  notice  shall  be  published  in  the  City  offi- 
cial newspaper  for  thirty  days  next  preceding  said  election,  and  shall  be 
posted  for  a like  period  at  all  the  places  designated  therein  for  holding 
said  election. 

SEC  9.  This  ordinance  shall  immediately  after  its  passage  and  ap- 
proval by  the  Mayor  be  published  in  the  official  newspaper  of  said  City 
for  five  days  consecutively  in  each  issue  of  said  paper  during  said  time 
and  shall  take  effect  upon  the  expiration  of  said  publication. 

Passed  the  Council,  June  20,  1893. 


Approved,  June  20,  1893. 


HENRY  KEEPING, 

City  Clerk. 


JOHN  E.  ROBERTS, 

Mayor. 


ORDINANCES  OF  THE 


2H8 


ORDINANCE  NO.  486. 

AN  ORDINANCE  TO  LICENSE  AND  REGULATE  DRINKING  SALOONS  AND 
TO  REPEAL  ALL  ORDINANCES  AND  PARTS  OF  ORDI- 
NANCES ON  THE  SAME  SUBJECT. 

/ he  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  No  person  or  firm  shall  keep  within  the  City  of  Walla 
Walla  a saloon,  bar-room,  sample-room  or  other  place  where  spirituous 
or  malt  liquors  are  sold  by  the  drink  or  bottle,  or  in  quantities  less  than 
one  gallon,  without  first  obtaining  a license  therefor  as  hereinafter  pro- 
vided. 

SEC.  2.  That  hereafter  the  license  for  the  sale  of  spirituous,  malt 
or  other  intoxicating  liquors,  as  provided  in  the  preceding  section,  shall 
be  three  hundred  and  fifty  dollars  per  annum,  payable  in  advance,  and 
no  receipt  for  liquor  license  shall  be  given  until  said  sum  is  paid. 

SEC.  3.  Each  person  or  firm  applying  for  such  license  shall  execute 
to  the  City  of  Walla  Walla  a bond  with  two  or  more  sureties,  which 
bond  shall  be  approved  by  the  Mayor  and  filed  with  the  City  Clerk, 
said  bond  to  be  in  the  sum  of  fifteen  hundred  dollars,  conditioned  that 
the  party  or  parties  giving  the  bond  shall  keep  an  orderly  house,  while 
doing  business  under  said  license;  and  with  the  said  bond  shall  be  filed 
the  affidavit  of  the  sureties,  from  which  it  must  appear  that  they  are 
residents  of  the  County  of  Walla  Walla  and  State  of  Washington,  and 
that,  taken  together,  they  are  worth  double  the  amount  specified  in  the 
bond,  over  and  above  all  debts  and  liabilities,  and  exclusive  of  property 
exempt  from  execution.  The  City  Clerk  shall  report  all  bonds  so  ap- 
proved by  the  Mayor  and  filed  with  him,  to  the  Council  of  said  City  at 
the  next  regular  meeting  thereof;  provided,  that  if  at  any  time  the  said 
Council  shall  deem  the  bond  insufficient,  a new  and  sufficient  bond  shall 
be  immediately  filed  or  the  license  shall  become  void. 

SEC.  4.  Whenever  it  shall  appear  that  the  party  or  parties  to  whom 
a license  is  isssed  hereunder  are  keeping  a disorderly  house,  the  said 
Council  may  at  any  time  revoke  said  license  ; provided,  however,  that 
nothing  in  this  section  shall  be  construed  to  prevent  the  City  from  pro- 
ceeding upon  any  bond  given  under  the  provisions  of  Section  3 of  this 
ordinance. 

SEC.  5.  That  any  person  or  firm  who  shall  sell  spirituous  or  malt 
liquors  contrary  to  the  provisions  of  this  ordinance,  or  after  the  license 
of  said  person  or  firm  shall  have  been  revoked,  shall,  for  the  first  offense, 
be  fined  in  the  sum  of  one  hundred  dollars,  and  for  each  subsequent 
offense  one  hundred  dollars. 


CITY  OF  W ALFA  WALLA. 


Skc.  6.  That  all  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance,  and  upon  the  same  subject  matter,  are 
hereby  repealed. 

Skc.  7.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

Passed  the  Council,  August  15,  1893. 

HENRY  KKLLING, 

City  Clerk. 

Approved,  August  15  1893. 

JOHN  L.  ROBERTS, 

Mayor. 


ORDINANCE  NO.  492. 

AN  ORDINANCE  REQUIRING  THE  EXCAVATION  OE  PRIVY  VAULTS,  PRE- 
SCRIBING THE  MAXIMUM  CHARGE  FOR  SUCH  WORK,  PRE- 
SCRIBING REGULATIONS  FOR  THE  DISPOSITION  OF 
MATTER  TAKEN  FROM  PRIVY  VAULTS  AND 
PROVIDING  A PENALTY  FOR  VIOLA- 
TION OF  THIS  ORDINANCE. 

1 he  City  oj  Walla  Walla  aloes  Ordain  as  follows: 

Section  i.  All  privy  valuts  within  the  limits  of  the  City  of  Walla 
Walla  shall  be  excavated  at  least  once  in  every  12  months. 

Skc.  2.  The  owner  or  owners  of  any  premises  upon  which  any 
privy  vault  remains  unexcavated  fora  longer  period  than  12  months 
shall  be  deemed  guilty  of  maintaining  a nuisance  and  upon  conviction 
before  any  City  Justice  shall  be  fined  in  any  sum  not  less  than  five  dol- 
lars nor  more  than  twenty-five  dollars. 

Sec.  3.  No  person  employed  to  excavate  any  vault  shall  charge  or 
demand  for  his  services  more  than  the  price  herein  specified,  viz:  25 

cents  per  cubic  foot;  provided,  however,  that  $3  shall  be  the  mininum 
price  for  such  service,  and  that  the  maximum  charge  shall  not  exceed  $10. 

Skc.  4.  The  person  employed  to  excavate  any  vault  shall  issue  a 
certificate  of  excavation  to  the  owner  of  the  premises  upon  which  said 
vault  is  located,  which  certificate  must  vouch  for  the  proper  excavation 
of  such  vault,  and  bear  the  date  when  the  same  was  done. 

Skc.  5.  The  matter  excavated  from  any  privy  vault  shall  not  be 
disposed  of  to  any  person  or  persons  who  are  engaged  in  raising  garden 
vegetables,  but  shall  be  buried  in  such  manner  and  place  as  may  be  di- 
rected by  the  committee  on  Health  and  Police. 


290 


ORDINANCES  OF  THE 


SiCC.  6.  No  privy  vault  shall  be  filled  with  earth  on  any  premises 
within  the  City  limits  without  the  excrement  being  first  excavated,  ex- 
cept by  consent  of  the  City  Health  Officer,  whose  duty  in  the  matter 
shall  be  to  satisfy  himself  that  the  public  health  will  not  be  endangered 
thereby. 

SEC.  7.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall,  upon  conviction  before  the  City  Justice,  be  fined  in  any 
sum  not  less  than  five  nor  more  than  twenty-five  dollars. 

SEC.  8.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

Passed  the  Council,  October  3,  1893. 

HENRY  KELLING, 

City  Clerk. 

Approved,  October  3,  1893. 

JOHN  L.  ROBERTS, 

Mayor. 


ORDINANCE  NO.  494 

AN  ORDINANCE  TO  PROVIDE  A LICENSE  FOR  CERTAIN  BUSINESS,  TRADES 
AND  OCCUPATIONS,  TO  PROVIDE  FOR  THE  COLLECTION  THERE- 
OF, AND  TO  PREVENT  THE  SAME  WITHOUT 
SUCH  LICENSE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

SECTION  i.  That  no  person,  firm,  company  or  corporation  shall 
engage  in,  prosecute  or  carry  on  any  business,  trade  or  occupation  within 
the  corporate  limits  of  the  City  of  Walla  Walla,  for  which  a license  is 
required  bv  this  ordinance,  until  thev  shall  have  obtained  such  license. 

SEC.  2.  That  from  and  after  the  31st  day  of  October,  1893,  there 
shall  be  paid  to  the  City  Treasurer  of  Walla  Walla  City,  by  persons, 
firms,  companies  and  corporations  doing  the  business  hereinafter  speci- 
fied, the  following  sums  for  license  therefor,  to-wit: 

Sec.  3.  Auctioneers  shall  pay  a quarterly  license  of  $10. 

Sec.  4.  ‘Each  peddler,  hawker,  traveling  merchant  or  retail  vendor, 
who  shall  carry,  pack  or  sell  goods,  wares  or  merchandise,  or  shall  sell 
or  solicit  orders  by  sample  by  retail,  except  producers  who  shall  sell 


i As  amended  by  Ordinance  No.  497. 


CITV  OF  WAT  T A WIT  T a 


their  garden  or  country  produce,  and  milk  or  bread  wagons,  $5  per  day; 
provided,  that  persons  having  a regular  place  of  business  may  deliver 
goods  without  such  license;  and,  provided  further,  that  the  vendors  of 
meat,  fish  and  poultry  shall  pay  a quarterly  license  of  $to. 

Sec.  5.  Patent  medicine  and  street  fakirs,  $10  per  day;  provided 
that  no  license  shall  be  granted  therefor  without  a permit  from  the 
Mayor. 

SEC.  6.  Each  broker,  per  quarter,  $20;  provided,  that  the  term 
broker  shall  include  stock  brokers,  exchange  brokers,  pawn  brokers  and 
dealers  in  City,  County  and  State  warrants  and  soldiers’  floats. 

Secs.  7 and  81. 

Sec.  9.  For  each  wash  house  or  laundry,  per  quarter,  $ro, 

Sec.  10.  Theaters  shall  pay  a quarterly  license  of  $25  per  quarter, 
or  $5  per  night,  at  the  option  of  the  manager.  Every  building  used 
wholly  or  in  part  for  the  purposes  of  dramatic,  operatic,  or  anv  public 
shows,  representations,  plays  or  performances,  shall  be  regarded  as  a 
theater  under  this  ordinance,  whether  free  or  not. 

SEC.  it.  Each  circus  and  menagerie  shall  pay  a license  of  $300 per 
day.  Every  building,  tent,  arena  and  space  where  feats  of  horseman- 
ship and  acrobatic  sports  are  exhibited,  together  with  such  animals  as 
are  usually  exhibited  in  a menagerie,  shall  be  regarded  as  a circus  and 
menagerie  under  this  ordinance;  provided,  however,  that  any  circus 
menagerie  (not  to  include,  however,  a circus  and  menagerie  combined)  or 
exhibition  charging  an  admission  fee  not  exceeding  fifty  cents  for  each 
performance,  may  receive  a license  therefor  at  such  rate  and  price  as  the 
Mayor  and  finance  committee  may,  in  their  discretion,  deefii  just  and 
shall  direct. 

Sec.  12.  For  all  other  shows,  concerts  or  entertainments,  each  day 
or  night,  $5;  provided,  that  nothing  herein  contained  shall  apply  to 
church  festivals,  fairs  or  school  exhibitions. 

SEC.  13.  For  each  shooting  gallery,  per  quarter,  $10. 

SEC.  14.  For  each  bowling  alley,  $to  per  quarter. 

Sec.  15.  For  pool  selling,  $20,  per  quarter. 

Sec.  16.  Dealers  in  merchandise  of  any  kind  wdiose  stock  is  shipped 
into  the  City  to  be  sold  on  forced  sale,  as  foreclosure,  bankrupt  stock, 
seizure  sale  or  the  like,  shall  pay  a license  of  $10  per  day. 

Sec.  17.  That  any  person,  firm,  company  or  corporation,  required 
by  this  ordinance  to  take  out  a license  to  engage  in  any  business,  trade 


1 Repealed  by  Ordinance  No.  551. 


292 


ORDINANCES  OF  THE 

or  occupation  for  which  a license  is  required,  shall  pay  to  the  City 
Treasurer  the  sum,  or  sums,  required  by  ordinance  to  be  paid  therefor, 
and  thereupon,  with  the  receipt  of  the  Treasurer,  which  receipt  shall  set 
forth  the  kind  of  business  for  which  license  is  desired,  shall  apply  to 
the  City  Clerk  who  shall  issue  a license  to  the  parties  applying  in  ac- 
cordance with  the  receipt  of  the  Treasurer,  upon  the  compliance  by  the 
applicant  with  the  provisions  of  this  ordinance  relating  to  obtaining 
license  for  the  business  or  occupation  for  which  such  license  is  de- 
sired; provided  that  all  licenses  heretofore  issued  for  any  business  in 
this  ordinance  enumerated,  and  not  yet  expired,  shall  continue  in  force  _ 
until  the  expiration  thereof,  and  the  person  holding  said  license  need 
not  take  out  any  license  under  this  ordinance  until  the  expiration  ol 
said  license  as  aforesaid. 

Skc.  18.  That  any  license  to  be  taken  out  under  and  by  virtue  of 
this  ordinance,  shall  contain  and  set  forth  the  purpose,  trade,  business 
or  profession  or  occupation  for  which  such  license  is  granted,  and  the 
name  and  place  of  business  of  the  person  or  persons  taking  out  the 
same,  the  time  for  which  said  license  is  to  run,  and  the  date  or  time  of 
granting  said  license. 

SKC.  19.  All  licenses  issued  as  quarterly  licenses  shall  expire  on  the 
last  day  of  each  quarter,  viz:  The  thirtieth  day  of  April,  the  thirty- 

first  day  of  July;  the  thirty-first  day  of  October  and  the  thirty-first  day 
of  January;  all  quarterly  licenses  shall  be  dated  from  the  first  day  of 
the  quarter  in  which  the  liability  therefor  accrued,  and  when  taken  out 
after  the  commencement  of  the  quarter  shall  only  be  issued  on  payment 
of  the  full  quarterly  license. 

Sec.  20.  No  license  under  this  ordinance  shall  be  transferable,  and 
this  shall  be  so  expressed  in  each  license  issued. 

Skc.  21.  The  City  Clerk  shall  keep  a record  of  all  licenses  issued, 
showing  the  names  of  all  persons  holding  City  licenses,  togetlier 
witli  the  kind  of  business  for  which  each  license  is  granted,  the  amount 
paid,  and  the  time  when  the  same  shall  expire. 

SKC.  22.  All  Iversons  taking  out  a license  under  this  ordinance,  and 
having  a fixed  place  of  business,  shall  post  said  license  in  a conspicuous 
place,  and  all  persons  engaged  in  any  business  for  which  a license  is  re- 
quired shall,  upon  demand  by  any  City  officer,  submit  such  license  for 
inspection. 

Skc.  23.  I11  prosecutions  for  violations  of  this  ordinance,  the  pay- 

ment of  the  license  shall  be  no  defense,  unless  the  license  has  been 
taken  out  before  the  institution  ol  the  prosecution. 

Skc.  24.  The  City  Marshal  is  hereby  made  ex-officio  license  in- 
spector, and  it  is  hereby  made  the  duty  of  said  Marshal,  and  all  police 


CITY  OF  WALLA  WALL, A. 


293 

officers  of  said  City,  to  make  complaint  and  prosecuteall  persons  violat- 
ing any  of  the  provisions  of  this  ordinance.  The  Marshal,  at  least  once 
each  quarter,  and  as  much  ofteiieras  the  enforcement  of  this  ordinance 
shall  require,  shall  visit  all  places  of  business  where  the  persons  en- 
gaged therein  are  not  known  to  him  to  have  a license,  and  shall  de- 
mand from  any  person  not  known  to  him  to  have  a license  therefor, 
whom  he  may  know  to  be  engaged  in  peddling  or  hawking,  or  any  busi- 
ness for  which  license  is  required  hereby,  and  prosecute  any  persons 
failing  to  produce  such  license. 

Sec.  25.  Any  person,  firm  or  corporation  having  taken  out  a license 
for  one  quarter,  shall  have  until  and  including  the  fifth  day  of  the  en- 
suing quarter  in  which  to  renew  the  same. 

SEC.  26.  Any  person  who  shall  exercise,  carrv  on,  or  transact  any 
business,  trade  or  occupation  for  which  a license  is  by  this  ordinance 
required,  without  having  first  taken  out  a license  therefor,  and  any  per- 
son who  shall  fail  to  comply  with  any  of  the  provisions  of  this  ordi- 
nance shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than 
$10  nor  more  than  $100,  and  the  costs  of  prosecution.  And  this  section 
shall  apply  to  any  person  conducting  any  business,  either  in  whole  or  in 
any  part,  as  manager,  clerk,  agent,  servant  or  employe  of  any  person, 
firm,  company  or  corporation. 

Sec.  27.  In  case  of  parties  conducting  any  business,  trade  or  oc- 
cupation, for  which  a license  is  required  by  this  ordinance,  without  hav- 
ing first  secured  a license  as  herein  provided,  the  act  of  exercising,  car- 
rying on,  or  transacting  such  business,  trade  or  occupation,  on  each  day 
shall  be  considered  a separate  and  distinct  offense  at  the  option  of  the 
prosecution. 

Sec.  28.  That  Ordinance  No.  457,  entitled  “An  ordinance  to  pro- 
vide license  for  certain  business,  trades  and  occupations,  and  to  prevent 
the  same  without  such  license,”  and  Ordinance  No.  466,  amendatory 
thereto,  and  all  ordinances,  or  parts  of  ordinances,  in  conflict  with  the 
provisions  of  this  ordinance  be,  and  the  same  are  herebv  repealed. 

Sec.  29.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

Passed  the  Council,  November  1,  1893. 

HENRY  KELLING, 

City  Clerk. 

Approved,  November  1,  1893. 

JOHN  L.  ROBERTS, 

Mayor. 


294 


ORDINANCES  OF  THE 


ORDINANCE  NO.  495. 

AN  ORDINANCE  DESIGNATING  THE  TIME  FOR  THE  COLLECTION  OF 
SWILL  AND  OTHER  REFUSE  BY  SCAVANGERS  IN  THE 
CITY  OF  WALLA  WALLA,  WASHINGTON. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  >.  That  it  shall  be  unlawful  for  any  person  or  persons, 
with  wagons,  cart  or  other  vehicle  to  drive  on  any  street  or  alley  of  the 
City  of  Walla  Walla,  during  the  months  of  March,  April,  May,  June, 
July  August  and  September,  between  the  hours  of  6 a.  m.  and  6 p.  m , 
and  during  the  months  of  October,  November,  December,  January, 
February,  between  the  hours  of  ten  (10)  a.  m.  and  three  (3)  p.  m.  of  any 
day  during  said  specified  months  to  collect  or  have  therein  any  slop, 
swill,  or  other  refuse  of  this  kind  or  nature. 

Sec.  2.  That  any  person  or  persons  violating  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a fine  of  not  less  than  <5  or 
more  than  $25  for  each  and  every  offense. 


Sec.  3.  Thai  this  ordinance  shall  not  apply  to  the  scavanger  carts 
owned  or  operated  by  and  under  the  direction  of  the  health  or  street  de- 
partments of  the  City  of  Walla  Walla. 

Sec,  4.  All  ordinances  or  parts  of  ordinances  in  conflict  hereto  be 
and  the  same  are  hereby  repealed. 


Sec.  5.  This  ordinance  shall  be  in  force  and  effect  from  and  after 
its  passage  by  the  Council  and  approval  by  the  Mayor. 

Passed  the  Council.  November  7,  1893. 


Approved,  November  7,  1893. 


HENRY  KEELING, 

City  Clerk. 


JOHN  L.  ROBERTS, 
Mayor. 


ORDINANCE  NO.  502. 

AN  ORDINANCE  IN  RELATION  TO  THE  PUBLICATION  OF  CITY  ORDINANCES 
AND  TO  REPEAL  ORDINANCE  NO.  297,  ON  THE 
samp:  subject  matter. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  all  ordinances  of  a general  public  character  and 


CITY  OF  WALLA  WALLA. 


295 


all  ordinances  imposing  tines  and  providing  penalties,  and  all  ordinances 
levying  and  imposing  taxes  for  any  purpose,  shall  be  published  one  time 
in  the  newspaper  doing  the  City  printing  and  advertising. 

Skc  2.  That  Ordinance  No.  297,  entitled  “A11  ordinance  in  relation 
to  the  publishing  of  City  ordinances,”  passed,  October  3,  1887,  and  ap- 
proved, October  5,  1887,  which  by  its  provisions  requires  that  ordinances 
be  published  three  times,  be  and  the  same  is  hereby  repealed. 


SEC.  3 That  this  ordinance  shall  be  in  force  and  take  effect  from 
and  after  its  passage  and  approval. 


Passed  the  Council,  May  15.  1894. 


Approved.  May  15.  1894. 


HENRY  KELLING, 

City  Clerk. 


JOHN  L.  ROBERTS. 

Mavor. 


ORDINANCE  NO.  503. 

AN  ORDINANCE  TO  PREVENT  CERTAIN  ANIMALS  FROM  RUNNING  AT 
LARGE  WITHIN  THE  CITY  LIMITS.  AND  PROVIDING  FOR 
THE  IMPOUNDING  AND  SALE  THEREOF. 

l'he  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  No  horse,  mare,  gelding  or  colt,  mule,  jack,  jenny, 
burro,  bull,  ox,  steer,  cow,  calf,  goat,  sheep  or  hog,  shall  be  allowed  to 
run  at  large,  or  to  be  herded  or  picketed,  in  or  upon,  any  of  the  streets 
of  Walla  Walla,  and  it  is  hereby  declared  unlawful  for  any  of  said 
animals  to  be  at  large  in  or  upon  any  of  the  streets,  alleys,  parks  or  pub- 
lic places  in  said  City. 

Sec.  2.  Any  animal  so  found  running  at  large  in  said  City  limits, 
shall  be  taken  up  and  impounded  in  the  City  pound  by  the  Poundmaster. 
Such  animals  shall  be  provided  with  proper  care,  food  and  water  while 
so  confined. 

Sec.  3.  'If  within  twenty-four  hours  after  the  taking  up  and  im- 
pounding of  any  animal  under  this  ordinance,  any  person  shall  appear 
and  claim  the  same,  and  shall  pay  the  poundmaster  the  sum  of  fifty 
cents,  he  shall  be  entitled  to  the  possession  of  the  same. 


1 As  amended  by  Ordinance  No.  544. 


296  ORDINANCES  OF  THE 

SEC.  4.  If  said  animal  shall  not  be  taken  from  the  pound  within 
twenty-four  hours,  as  provided  in  the  preceding  section  the  Poundmas- 
ter  shall  forthwith  post  three  notices  in  the  City  of  Walla  Walla,  one  at 
the  City  pound,  one  in  front  of  the  postofiice,  and  one  at  the  front  door 
of  the  court  house,  describing  such  animal  as  taken  up  and  stating  that 
unless  the  owner  or  other  person  having  an  interest  therein  shall  claim 
possession  of  the  same  and  pay  all  costs  and  charges  of  keeping  and  ad- 
vertising the  same,  together  with  the  fees  herein  before  provided  for,  he 
shall  apply  to  the  City  Justice  at  his  office  in  saul  City,  at  a certain  day 
and  hour  to  be  named  in  said  notice  for  an  order  of  sale  of  said  animal,  x 
for  the  expense  of  taking  up  and  feeding  said  animal  and  the  cost  of 
proceeding.  The  time  set  in  said  notice  for  applying  to  said  justice  for 
an  order  of  sale,  shall  not  be  less  than  five  nor  more  than  ten  days  from 
the  date  of  posting  said  notices  ; provided,  if  any  animal  taken  up  and 
impounded  shall  have  any  plain  brand  or  mark  that  is  recorded  in  the 
office  of  the  Auditor  of  Walla  Walla  County,  State  of  Washington,  the 
Poundmaster  shall  mail  to  the  person  in  whose  name  the  brand  or 
mark  is  recorded  at  the  postoffice  in  Walla  Walla,  a copy  of  the  no- 
tice provided  for  in  this  section. 

Sec.  5.  At  the  time  set  in  said  notice  for  applying  to  the  City 
Justice  for  an  order  of  sale  unless  the  owner  or  someone  having  an  in- 
terest in  said  animal  shall  appear  and  pay  the  costs  and  expenses  as 
herein  provided,  the  Poundmaster  shall  filew'ith  the  City  Justice  a veri- 
fied petition  for  an  order  of  sale,  in  wdiich  he  shall  state  the  place  where 
and  the  time  when  said  animal  was  found  and  a description  of  said 
animal,  and  that  notices  had  been  posted  as  provided  for  in  the  preceding 
section.  At  the  same  time  any  person  claiming  to  be  the  owner,  or  en- 
titled to  the  possession  of  said  animal  may  appear  and  deny  the  alle- 
gation in  said  petition  and  the  pleading  shall  be  settled  and  the  issue 
tried  according  to  laws  of  the  State  of  Washington,  applicable  to  civil 
trials  before  Justices  or  the  Peace. 

SEC.  6.  If  at  the  time  named  in  the  notice  provided  for  in  Section 
4 of  this  ordinance,  no  person  appears  to  claim  possession  and  pay  fees, 
costs  and  charges  of  taking  up  and  keeping  such  animal,  or  show  cause 
why  the  same  should  not  be  sold  to  pay  the  same,  or  if  after  the  ap- 
pearance of  the  owner  or  other  person  claiming  an  interest  in  said 
animal,  the  City  Justice  shall  upon  due  investigation  and  a hearing  of 
the  party  claiming  to  be  aggrieved,  deem  that  said  animal  has  run  at 
large  within  the  City  limits  of  the  City  of  Walla  Walla,  contrary  to  the 
provisions  of  this  ordinance  he  shall  thereupon  adjudge  that  the  said 
animal  has  so  run  at  large,  and  order  the  Poundmaster  to  sell  the  same 
at  public  auction  to  the  highest  bidder  for  cash  at  the  City  pound. 


Sec.  7. 


Upon  an  order  of  sale  being  entered  by  the  City  Justice 


297 


CITY  OF  WALLA  WALLA. 

the  Poundmaster  shall  advertise  the  sale  of  said  animal  by  posting  three 
notices,  one  at  the  City  pound,  one  in  front  of  the  postoffice  and  one  at 
the  front  door  of  the  courthouse  of  said  City,  giving  a description  of  said 
animal,  and  a statement  that  the  same  will  be  sold  to  the  highest  bidder 
for  cash  at  the  City  pound  at  a time  therein  named,  which  shall  not  be 
less  than  five  days  nor  more  than  ten  days  from  the  date  of  posting  said 
notices.  At  the  time  set  for  said  sale  the  Poundmaster  shall  attend  and 
sell  said  animal  for  cash  to  the  highest  bidder  and  the  title  of  said 
animal  shall  rest  absolutely  in  the  purchaser  ; provided,  that  if  there 
shall  not  be  more  than  one  bid  he  may  postpone  the  sale  in  the  manner 
provided  for  postponement  of  sales  by  the  laws  of  the  State  of  Washing- 
ton not  more  than  five  days.  The  Poundmaster  shall  make  return  of 
said  sale  within  ten  days  thereafter  to  the  City  Justice,  in  which  he  shall 
specify  the  amount  received  at  said  sale  and  the  amount  of  costs,  and 
he  shall  pay  the  said  sum  to  the  City  Treasurer,  taking  his  receipt  in 
duplicate,  showing  the  amount  of  said  sale  and  the  amount  of  costs  and 
expenses,  and  shall  file  the  duplicate  receipt  with  the  City  Clerk 

Sec.  8.  Any  person  claiming  to  be  the  owner  or  entitled  to  the 
possession  of  said  animal,  may  appear  at  any  time  before  the  sale,  and 
by  paying  the  Poundmaster  the  accrued  costs,  fees,  and  expense  as  here- 
in provided,  shall  be  entitled  to  the  possession  of  said  animal. 

Sec.  9.  The  fees,  costs  and  expenses  to  be  charged  and  collected 
under  this  ordinance  shall  be  as  follows:  To  be  paid  to  the  Poundmas- 

ter the  sum  of  $r.oo  for  taking  and  impounding  an  animal  mentioned  in 
vSection  1 of  this  ordinance.  The  sum  of  fifty  cents  for  posting  notices 
and  applying  for  an  order  of  sale,  and  fifty  cents  for  posting  notices 
of  sale,  to  be  paid  to  the  City  Justice  in  each  case  coming  before  him 
where  no  issue  is  joined,  the  sum  of  $2.00,  and  where  issue  is  joined  the 
fee  shall  be  the  same  fees  as  are  now  provided  for  Justices  of  the  Peace 
for  similar  work  under  the  laws  of  the  State  of  Washington,  and  the 
sum  of  fifty  cents  for  feeding  for  each  day  the  animal  was  kept  in 
the  City  pound.  All  said  fees  to  be  paid  into  the  City  Treasury  for  the 
use  of  said  City. 

Skc.  10.  If  within  six  months  after  the  date  of  the  sale,  any  person 
shall  appear  before  the  City  Justice  and  make  satisfactory  that  he  was 
the  owner  of  the  animal  sold,  under  this  ordinance  the  justice  shall  issue 
him  a certificate  to  the  Mayor  stating  that  fact,  and  the  time  said  animal 
was  sold  under  this  ordinance,  the  total  amount  realized  at  said  sale,  and 
the  total  costs,  fees  and  expense,  and  upon  presentation  of  said  certifi- 
cate to  the  Mayor  he  shall  cause  a warrant  to  be  issued  to  said  owner, 
payable  out  of  the  general  fund  for  the  amount  of  said  sale,  les^s  the 
fees,  costs  and  expenses. 

Skc.  i i.  That  ordinance  No.  347,  entitled  “An  ordinance  to  pro- 


298 


ORDINANCES  OF  THK 


hibit  grazing  animals  from  running  at  large  within  the  City  limits  and 
all  ordinances  or  parts  of  ordinances  in  conflict  with  the  provisions  of 
this  ordinance  be  and  they  are  herebv  repealed.’' 

Skc.  12  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 


Passed  the  Council,  Mav  r5,  1894. 

Approved.  May  15,  1894. 

JOHN  E.  ROBERTS, 


HENRY  KEELING, 

City  Clerk 


Mayor. 


ORDINANCE  NO.  504. 


AN  ORDINANCE  TO  PROVIDE  FOR  THE  BOARD  OF  CITY  PRISONERS  BY 
THE  CITY  MARSHAL,,  AND  FIXING  HIS  COMPENSATION 
therefor. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  from  and  after  the  first  day  of  June,  1894,  the 
City  Marshal  shall  board  all  City  prisoners,  and  shall  furnish  to  each 
person  during  his  or  her  imprisonment,  two  (2)  good,  wholesome  meals 
per  day. 

Sp;c.  2.  The  City  Marshal  shall  receive  the  sum  of  25  cents  per 
meal  for  each  meal  actually  furnished  in  the  board  of  each  prisoner,  as 
provided  in  the  foregoing  section. 

Sec.  3.  That  Ordinance  No.  256,  entitled  “ An  ordinance  to  pro- 
vide for  the  board  of  City  prisoners  by  the  City  Marshal,  and  fixing  his 
compensation  therefor,”  be  and  the  same  is  hereby  repealed. 


Passed  the  Council,  May  15,  1894. 


Approved,  May  15,  1894. 

JOHN  E.  ROBERTS, 

Mayor. 


HENRY  K FEEING, 

City  Clerk. 


CITY  OF  WALLA  WALLA. 


299 


ORDINANCE  NO.  51 1. 

AN  ORDINANCE  TO  EIX  THE  SALARY  OE  POLICEMEN. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  That  from  and  after  the  31st  day  of  August,  1894,  the 
salary  of  each  policeman  of  the  City  of  Walla  Walla  shall  be  $65  per 
month. 

SEC.  2.  That  all  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  be  and  the  same  ape  hereby  repealed. 

Passed  the  Council,  August  7,  1894. 

HENRY  KEELING, 

City  Clerk. 

Approved,  August  7,  1894. 

JOHN  L.  ROBERTS. 

Mayor. 


ORDINANCE  NO.  513. 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  PAYMENT  OF  CITY  WARRANTS. 
The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  1.  That  from  and  after  the  date  of  the  passage  of  this 
ordinance  all  moneys,  other  than  those  collected  by  special  assessment 
for  special  purposes,  received  by  the  City  Treasurer  for  the  City  of 
Walla  Walla  shall  be  by  him  kept  in  one  fund,  and  all  warrants  issued 
shall  be  paid  by  the  said  Treasurer  out  of  said  fund  without  regard  to 
the  purpose  for  which  the  same  shall  be  issued;  provided,  however,  that 
whenever  an  assessment  shall  be  levied  for  a special  purpose  all  moneys 
collected  by  the  said  Treasurer  under  the  said  special  assessment,  shall 
be  kept  separate  from  any  other  moneys  in  the  hands  of  said  Treasurer, 
and  all  warrants  drawn  upon  such  special  fund  shall  be  paid  by  the 
Treasurer  out  of  said  special  fund. 

SEC.  2.  That  all  warrants  of  said  City,  except  those  drawn  upon  a 
special  fund  as  provided  in  the  preceding  section,  shall  be  paid  in  the 
order  of  their  number  and  date  of  issue,  and  not  otherwise;  provided, 
however,  that  this  section  shall  not  apply  to  warrants  drawn  for  the 
payment  of  the  per  centum  due  the  State  of  Washington  011  liquor 
licenses,  or  to  pay  the  interest  due  on  the  bonds  of  said  City. 

Sec.  3.  That  on  the  15th  day  of  September,  1894,  the  City  Treas- 


ORDINANCES  OF  THE 


300 

urer  shall  cause  to  be  published  in  the  paper  doing  the  Cit\'  printing,  a 
notice  that  the  interest  due  upon  all  outstanding  registered  City  war- 
rants, which  have  been  registered  for  more  than  one  year,  will  be  paid 
upon  the  presentation  of  said  warrants  to  him,  and  upon  the  presenta- 
tion of  the  said  outstanding  registered  warrants,  which  have  been  reg- 
istered lor  more  than  one  year,  within  30  days  from  date  of  said  call 
the  said  Treasurer  shall  pay  to  the  holders  thereof  the  interest  thereon 
due  up  to  the  date  of  said  presentation,  and  shall  endorse  thereon  the 
amount  so  paid  and  the  date  of  such  payment,  and  take  a receipt  there- 
for, said  receipt  to  specify  the  amount  paid  for  interest,  the  number  of 
the  warrant,  the  amount  of  the  warrant  and  the  date  of  issue,  and  said 
receipt  shall  be  accepted  bv  the  Council  from  the  said  Treasurer  in  lieu 
of  the  amount  cash  paid  for  said  interest.  It  shall  be  the  duty  of  the 

I reasurer  to  return  to  the  Council  with  his  next  monthlv  report  all  in- 
terest receipts,  who  shall  cause  the  Clerk  to  attach  the  same  to  the  stubs 
of  their  corresponding  warrants.  And  thereafter  on  the  said  15th  day 
of  September  of  each  year  the  City  Treasurer  shall  cause  a like  notice 
to  be  published  in  the  paper  doing  the  City  printing,  and  shall  upon  the 
presentation  of  any  City  warrant  which  has  been  registered  for  more 
than  one  year  previous  to  the  date  of  said  notice,  pay  the  interest  upon 
such  warrant  up  to  the  date  of  such  presentation  and  endorse  such  pay- 
ment thereon,  as  hereinbefore  provided;  provided,  however,  that  the 
provisions  of  this  section  shall  not  be  held  to  apply  to  warrants  drawn 
upon  a special  fund;  and  provided,  further,  that  nothing  in  this  ordi- 
nance shall  be  construed  to  give  the  right  to  the  holder  of  any  warrant 
to  retain  the  same  and  demand  interest  thereon  after  the  City  Treasurer 
shall  have  called  said  warrant  in  for  payment. 

Sec.  4.  That  whenever  there  shall  be  in  the  hands  of  the  City 

I I easurei , over  and  above  all  moneys  collected  by  special  assessment 
and  money  held  for  the  payment  of  warrants  which  have  been  previously 
called  in,  a sum  of  money  equal  to  five  hundred  dollars,  the  said  City 
Treasurer  shall  at  once,  without  notice  from  the  Council,  call  in  out- 
standing warrants  and  pay  the  same  to  the  extent  of  the  nionev  on 
hand,  as  specified  in  this  section. 

5-  J hat  Ordinance  No.  510,  entitled  “An  ordinance  to  pro- 
vide for  the  payment  of  City  warrants  in  the  order  of  number  and  date 
°f  issue,”  and  Ordinance  No.  512.  entitled  “An  ordinance  to  provide 
for  the  keeping  of  all  moneys  of  the  City  of  Walla  Walla  in  one  fund,” 
and  all  other  ordinances  and  parts  of  ordinances  in  conflict  with  the 
provisions  of  this  ordinance  be,  and  the  same  are  hereby  repealed. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


CITY  OF  WAFF  A WAFF  A. 


301 


Passed  the  Council  September  4,  1894. 


HENRY  K EFFING, 

City  Clerk. 


Approved.  September  4.  1894. 

JOHN  F.  ROBERTS. 

Mavor. 


ORDINANCE  NO.  521. 

AN  ORDINANCE  TO  PREVENT  PERSONS  UNDER  THE  AGE  OF  SIXTEEN 

YEARS  FROM  BEING  IN  CERTAIN  PUBLIC  PEACES.  AND 
Upon  THE  STREETS  OF  THE  CITY  DURING  THE  NIGHT 
TIME  AND  PROVIDING  A PENALTY. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

SECTION  i.  That  no  person  under  the  age  of  sixteen  years  shall 
loiterer  remain  in  the  vestibule  ot  or  about  the  entrance  to  any  public 
reading  room  or  library,  or  any  place  of  worship  or  amusement,  or  in  the 
public  stairway  to  any  building  in  said  City,  or  on  the  streets  01  public 
grounds,  or  anv  unoccupied  lots  in  said  City,  after  the  hour  of  se\en 
o’clock,  p.  m.,  during  the  months  of  October.  November,  December, 
January,  February  and  March,  or  after  the  hour  of  eight  o clock  , p.  in  , 
during  the  months  of  April,  May,  June,  July,  August  and  September; 
provided,  that  the  above  prohibition  shall  not  extend  to  any  child  or 
children  who  are  in  the  company  of  a parent,  or  other  adult  having  cus- 
tody of  him,  her  or  them,  nor  to  a child  or  children  who  may  be  sent  tor 
medicine,  medical  or  other  assistance,  in  case  of  accident  or  sickness, 
while  on  such  services. 

vSkc  2.  That  any  person  violating  Section  1 of  this  ordinance  shall 
be  deemed  guilty  of  a misdemeanor,  and  on  conviction  thereof,  shall  lie 
fined  in  anv  sum  not  exceeding  ten  dollars  and  costs  foi  the  first  offense, 
and  not  less  than  ten  nor  more  than  twenty  dollars  and  costs  for  subse- 
quent offenses. 

Sec.  3.  It  is  hereby  made  the.  duty  of  the  City  Marshal,  his  dep- 
uties, and  the  City  policemen  to  arrest  all  persons  violating  Section  1 of 
this  ordinance,  and  to  enter  complaint  against  them  before  a Justice  of 
the  Peace  ; provided,  that  such  person  or  persons,  so  arrested  may  be 
released  from  custody  upon  the  recognizance  of  two  responsible  taxpay- 
ers of  this  City  ; and  provided  further,  that  the  parent,  guardian  or  cus- 
todian of  such  person  or  persons  may  secure  their  permanent  discharge 


302 


ORDINANCES  OF  THE 


.uid  the  dismissal  of  all  proceedings  by  the  payment  to  the  Marshal  of 
the  sum  of  one  dollar  before  ten  o’clock  in  the  morning  of  the  day  fol- 
lowing the  arrest. 

She.  4.  The  City  Marshal  shall  include  detailed  reports  of  all  such 
arrests  in  his  regular  monthly  reports  and  shall  account  for  all  moneys 
collected  in  the  same  manner  as  is  provided  for  the  report  of  moneys  col- 
lected in  other  instances. 

Sec.  5.  Ordinance  No  132  of  the  City  of  Walla  Walla,  entitled  “An 
ordinance  to  prohibit  children  from  running  about  the  streets  in  the 
night”  and  all  other  ordinances  in  conflict  herewith  are  hereby  re- 
pealed. J 

Passed  the  Council  February  5,  1895. 


Approved,  February  5,  1895. 

JACOB  BETZ, 

Acting  Mayor. 


WM.  KEELING, 

Acting  Clerk. 


ORDINANCE  NO.  524. 

AN  ORDINANCE  TO  ESTABLISH  FIRE  LIMITS,  TO  PROHIBIT  THE  CON- 
STRUCTION, REMOVAL  OR  UNLAWFUL  REPAIR  OF  CONBUSTIBLE 
BUILDINGS  THEREIN;  TO  PREVENT  THE  SPREADING  OF1  FIRES; 

TO  DECLARE  ALL  BUILDINGS  ERECTED  OR  MOVFD  AND  ALL 
PROHIBITED  REPAIRS  MADE  WITHIN  SUCH  LIMITS 
NUISANCES,  AND  TO  PROVIDE  FOR  THE  REMOVAL 
THEREOF.  AND  PUNISHMENT  FOR  VIOLATION 
OF  THIS  ORDINANCE 

I he  C tty  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  That  all  that  portion  of  the  City  of  Walla  Walla  in- 
cluded within  the  following  boundaries  is  hereby  declared  to  constitute 
and  be  within  the  Are  limits  of  said  City,  to-wit  : 

Commencing  at  a point  where  the  center  line  of  the  alley  between 
Main  and  Alder  street  intersects  the  center  line  of  Sixth  street,  and  run- 
ning thence  northeasterly  along  the  center  line  of  said  alley  to  a point 

w here  the  center  line  of  said  alley,  if  produced,  would  intersect  the  cen- 
ter line  of  F'ourth  street;  thence  along  the  center  line  of  F'ourth  street 
to  the  center  line  of  Alder  street;  thence  running  northeasterly  along  the 


CITY  OF  WALLA  WALLA. 


303 


said  center  line  of  Alder  street  to  the  intersection  of  the  said  center  line 
of  Alder  street  with  the  produced  center  line  of  Colville  street;  thence 
along  the  produced  center  line  of  Colville  street  to  an  intersection  of  the 
produced  center  line  of  the  alley  of  block  one  (1)  of  Cains  addition  to 
tiie  City  of  Walla  Walla;  thence  southwesterly  along  the  said  produced 
line  of  said  alley  to  the  center  of  the  channel  of  Mill  creek;  thence 
westerly  along  the  center  of  the  channel  of  Mill  creek  to  the  center  line 
of  north  Second  street;  thence  northerly  along  the  center  line  of  north 
vSecond  street  to  the  center  line  of  Rose  street;  thence  southwesterly 
along  the  center  line  of  Rose  street  to  the  center  line  of  north  Fourth 
street;  thence  southerly  along  the  center  line  of  north  Fourth  .street  to  a 
point  where  the  said  center  line  of  said  north  Fourth  street  intersects 
the  produced  center  line  of  the  alley  between  Main  and  Rose  streets; 
thence  southwesterly  along  said  center  line  of  said  alley  to  the  center 
line  of  north  Sixth  street;  thence  along  the  center  line  of  said  Sixth 
street  to  the  place  of  beginning. 

Sec.  2.  No  building  or  addition  to  any  building  shall  be  hereafter 
erected  within  said  fire  limits  unless  the  outer  walls  thereof  be  at  least 
one  foot  thick  and  made  of  brick  and  mortar,  or  iron  and  brick  and  mor- 
tar or  stone  or  stone  and  mortar. 

Sec.  3.  No  wooden  building  now  existing  within  said  fire  limits 
shall  be  repaired  by  substituting  new  timbers  for  its  sills  or  foundations, 
or  enlarged  or  increased  in  size  or  height,  and  no  such  wooden  building 
shall  be  altered  or  changed  in  any  manner  unless  permission  therefor  be 
first  had  from  the  fire  and  water  committee. 

SEC.  4.  No  wooden  building  or  buildings  the  outer  walls  of  which 
are  constituted  of  combustible  materials  shall  be  moved  into  said  fire 
limits. 

Sec.  5 No  wooden  building  or  buildings  now  within  such  fire  limits 
shall  be  moved  from  one  part  of  such  limits  to  another  unless  permission 
therefor  be  first  had  from  the  City  Council. 

Sec.  6.  Every  building  or  addition  to  any  building  erected  within 
or  moved  within  the  said  tire  limits  contrary  to  the  provisions  of  this 
ordinance  is  hereby  declared  to  be  and  is  to  be  taken  and  deemed  a 
nuisance  and  liable  to  be  abated  as  such,  and  unless  the  same  is  removed 
within  ten  (10)  days  after  notice  from  the  City  Marshal  to  the  person 
owning  the  same  or  causing  the  same  to  be  erected  within  or  moved 
within  such  limits  requiring  the  same  to  be  removed  or  abated,  such 
officer,  together  with  such  person  or  persons  as  he  may  summon  to  his 
assistance  or  as  the  City  Council  may  direct  to  assist  him,  shall  tear 
down  and  remove  each  building  and  addition,  and  the  cost  and  ex- 
penses of  such  proceeding  and  removal  shall  be  assessed  to  and  collected 


304 


ORDINANCES  OF  THE 


from  the  owner  of  such  building 
lot  of  land  upon  which  the  same 
from  both. 


or  addition  or  from  the  owner  of  the 
is  so  unlawfully  erected  or  moved  or 


Skc.  7.  Every  person  who  shall  erect,  move,  remove,  alter,  repair 
or  maintain  any  building  or  addition  to  any  building  contrary  to  the 
provisions  of  this  ordinance,  shall  be  deemed  guilty  of  a 'misdemeanor 
and  of  creating  a nuisance,  and  shall  be  guilty  of  a misdemeanor  each 
day  the  said  nuisance  is  continued,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  ten  nor  more  than  one  hundred  dollars,  and  may 
be  prosecuted  from  day  today  for  each  day’s  violation  of  the  provisions 
of  this  ordinance,  and  upon  each  conviction  shall  be  fined  as  aforesaid. 


vShc.  S.  That  nothing  in  this  ordinance  shall  he  held  to  prevent 
the  construction  of  one  building,  and  no  more  for  every  lot  of  thirty 
feet  front,  the  dimensions  of  which  shall  not  be  more  than  ten  by  six- 
teen feet  and  one  story  in  height,  the  walls  of  which  shall  be  made  of 
corrugated  iron  not  lighter  than  No.  20,  or  brick  wall  not  less  than  8 
inches  in  thickness.  Such  buildings  so  constructed  to  be  used  as  wood- 
sheds or  warter  closets. 


Skc.  9.  That  a majority  of  the  Committee  on  Fire  and  Water  may, 
upon  application,  grant  a permit  for  the  erection  of  a wooden  building 
within  said  fire  limits  tor  a water  closet  or  a woodshed,  or  a permit  for 
the  erection  of  a building  as  described  in  the  last  preceding  section  of 
larger  dimensions  than  therein  specified. 

Skc.  10.  All  ordinances  and  parts  of  ordinances  in  conflict  with  the 
provisions  of  this  ordinance  are  hereby  repealed. 

Skc.  ii.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

Passed  the  Council,  April  2,  1895. 

HENRY  KEELING, 

City  Clerk. 

Approved,  April  2,  1895. 

JACOB  BETZ, 

Acting  Mayor. 


CITY  OF  WALLA  WALLA. 


ORDINANCE  NO.  527. 


305 


AN  ORDINANCE  GRANTING  A RIGHT  OF  WAY  TO  THE  OREGON  RAIL- 
WAY & NAVIGATION  COMPANY  AND  ITS  SUCCESSORS  IN  INTEREST 
OVER  AND  ALONG  ROSE  STREET,  WITH  THE  RIGHT  TO  CON- 
STRUCT, IMPROVE,  REPAIR,  KEEP  OPERATE  AND  MAIN- 
TAIN A RAILROAD  AND  TELEGRAPH  LINE  THEREON. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  the  right  to  la}'  down,  grade,  construct,  improve, 
repair,  keep,  operate  and  maintain  a railroad  and  telegraph  line  over 
and  along  Rose  street  from  Tenth  street  in  an  easterly  direction  to  the 
western  line  of  Sixth  street  be  and  the  same  is  hereby  authorized  and 
confirmed  unto  the  Oregon  Railway  & Navigation  Company  and  its  suc- 
cessors in  interest. 


SEC.  2 That  said  railway  company  shall  make  and  at  all  times 
keep  in  good  condition  and  repair  crossings  and  walks  over  and  across 
said  railroad  track  in  all  streets  crossing  said  track  whenever  such 
streets  shall  be  ordered  improved  or  opened  by  the  authorities  of  said 
City. 

Sec.  3.  This  ordinance  shall  take  effect  from  after  its  passage  and 
approval. 

Passed  the  Common  Council  April  4.  1895. 


Approved,  April  4.  1895 

JOHN  L.  ROBERTS. 

Mayor. 


WILL  KELLI NG, 
Acting  City  Clerk. 


ORDINANCE  NO.  529. 

AN  ORDINANCE  GRANTING  TO  H.  1>.  ISAACS  A RIGHT  TO  GRADE,  CON- 
STRUCT AND  MAINTAIN  A RAILROAD  TRACK  IN  THE  CITY  OF 
WALLA  WALLA,  IN  THAT  CERTAIN  STREET  KNOWN  AS 
THE  ‘‘  MILL  CREEK  COUNTY  ROAD,”  BEING  AN 
EXTENSION  OF  EAST  MAIN  TREET,  IN 
THE  SAID  CITY  OF  WALLA  WALLA. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  H.  P.  Isaacs,  his  heirs  and  assigns,  is  hereby 
granted  the  right  and  privilege  to  grade,  construct  and  maintain  a rail- 


306  ORDINANCES  OF  THE 

road  track  in,  over  and  across  the  extension  of  East  Main  street,  in  the 
City  of  Walla  Walla,  known  as  the  “Mill  Creek  county  road,”  as  fol- 
lows: Beginning  at  a point  on  the  Washington  & Columbia  River  rail- 

road, near  the  intersection  of  Baker  street  and  the  said  “Mill  Creek 
county  road”  and  running  thence  northeasterly  to  the  north  side  of 
the  said  “Mill  Creek  county  road,”  thence  in  an  easterly  direction 
along  the  north  side  of  the  said  street  eight  hundred  and  fifty  (8501  feet; 
thence  southeasterly  to  the  premises  of  H.  P.  Isaacs. 

SEC.  2.  That  the  said  railroad  track  shall,  except  when  in  crossing 
the  said  street,  be  graded,  constructed  and  maintained  as  near  the  sides 
of  the  said  streets  as  practicable. 

SEC.  3.  That  the  said  H.  P.  Isaacs  shall  at  all  times,  and  at  his 
awn  expense,  keep  in  good  and  perfect  repair  all  crossings,  and  shall  at 
all  times,  so  long  as  said  track  shall  remain  in  said  street, hold  said  City 
of  Walla  Walla  free  from  any  and  all  damages  and  casualties  arising 
therefrom,  and  shall  not  run  cars  upon  said  track  at  a speed  greater 
than  four  miles  per  hour. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


Passed  the  Council,  April  23,  1895. 


Approved,  April  23,  1895. 

JOHN  L.  ROBERTS, 

Mayor. 


WM.  KEELING, 

Acting  Clerk. 


ORDINANCE  NO.  531. 

an  ORDINANCE  TO  PROHIBIT  FAST  DRIVING  IN  ALEEVS. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

SECTION  i.  That  any  one  who  shall  ride  or  drive  any  buggy,  car- 
riage, wagon  or  other  vehicle  in  or  through  any  of  the  alleys  of  said 
City  at  a speed  greater  than  3 miles  per  hour  shall  be  deemed  guilty  of 
a misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  exceeding  twenty  dollars  for  each  offense. 

Sec.  2.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


3°7 


CITY  OF  WALLA  WALLA. 


Passed  the  Council,  June  20,  1895. 


Approved,  June  20,  1895. 

JOHN  L.  ROBERTS, 

Mayor. 


WM.  KELLING, 

Acting  Clerk, 


ORDINANCE  NO.  532. 


AN  ORDINANCE  TO  PREVENT  INTERFERENCE  WITH  THE  FIRE  APPA 
RATUS  OF  THE  CITY. 


• The  C tty  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  it  shall  be  unlawful  for  any  one,  other  than  an 
active  fireman  of  said  City,  to  get  upon  or  ride  upon  any  of  the  engines, 
carts,  trucks,  wagons  or  other  apparatus  of  the  Walla  Walla  Fire  De- 
partment, and  any  one  violating  any  of  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  exceeding  twenty  dollars  for  each  offense' 

Sec.  2.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

Passed  the  Council,  June  20,  1895. 


Approved,  June  20,  1895. 

JOHN  L.  ROBERTS, 

Mayor. 


WM.  KELLING, 

Acting  Clerk, 


ORDINANCE  NO.  536. 

X 

AN  ORDINANCE  TO  FIX  THE  SALARIES  OF  CITY  OFFICIALS. 

1 he  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  from  and  after  the  31st  day  of  July,  1895,  the 
salary  and  pay  of  City  officials  shall  be  as  follows  : 

Marshal,  $90  per  month. 

Clerk,  $75,  per  month. 


3oS  ordinances  of  the 

Attorney,  $40  per  month. 

Treasurer,  $35  per  month.  / 

City  Justice.  $25  per  month: 

Street  Commissioner,  $55  per  month. 

Health  Officer,  $25  per  month. 

Sexton.  $55  per  month. 

Poundmaster,  $55  per  month. 

Sec.  2.  The  City  Surveyor  shall  receive  the  sum  of  $5  f°r  cach  day 
he  is  actually  engaged  in  City  work,  and  he  shall  be  allowed  $2  per  day 
for  each  assistant  actually’  employed  by  him. 

Sec.  3.  This  ordinance  to  be  in  force  from  and  after  its  passage 
and  approval. 

Passed  the  Council,  July  2,  1895. 

WM.  KEELING, 

Acting  Clerk. 

Approved,  July  2,  1895. 

JOHN  L.  ROBERTS, 

Mayor. 


ORDINANCE  NO.  537. 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  APPOINTMENT  OF  A POUNDMAS- 
TER, FIXING  HIS  QUALIFICATIONS  AND  PRESCRIBING  HIS  DUTIES. 

Whereas  there  is  no  existing  ordinance  adequately  providing  tor 
the  appointment  and  qualifications  of  a poundmaster, 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  there  be  appointed  by  the  City  Council,  on  the 
first  regular  meeting  of  August  of  each  year  or  as  soon  thereafter  as 
practicable,  a poundmaster,  whose  duties  shall  be  to  carry  into  effect 
and  perform  the  work  prescribed  by  the  ordinances  of  said  city  relating 
to  the  prohibition  of  domestic  animals  from  running  at  large  within 
said  city,  and  who  shall  perform  such  other  duties  as  may  be 'required 
bv  said  Council. 

SEC.  2.  The  said  poundmaster  shall,  at  the  time  of  his  appoint- 
ment, be  a citizen  of  the  city  of  Walla  Walla,  and  shall  give  a bond  in 
the  sum  of  one  thousand  dollars  conditioned  for  the  faithful  perform- 
ance of  his  duties,  and  shall  receive  as  compensation  such  sum  as  shall 
be  by  ordinance  prescribed. 


CITY  OF  WALLA  WALLA. 


309 


Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

Passed  the  Council  September  3,  1895. 


Approved,  September  3,  1895. 

JACOB  BETZ. 


ALEX  MACKAY, 

City  Clerk . 


Acting  Mayor. 


ORDINANCE  NO.  543. 

AN  ORDINANCE  TO  PROVIDE  FOR  LIGHTING  THE  STREETS  OF  THE  CITY 
BY  ELECTRICITY  AND  AWARDING  THE  CONTRACT  THERE- 
FOR TO  ‘‘THE  WALLA  WALLA  GAS  AND 
ELECTRIC  COMPANY.” 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  1.  ihat  the  city  of  Walla  Walla  hereby  contracts  and 
-agrees  with  “ The  Walla  Walla  Gas  and  Electric  Company  ” (a  corpora- 
tion duh'  incorporated),  and  said  corporation  hereby  contracts  and 
agrees  with  said  city  in  manner  and  form  as  follows: 

The  company  agrees  to  furnish  and  put  in  place  fifty-three  electric 
lights,  more  or  less,  but  not  less  than  forty-five,  of  1200  minimum  candle 
power,  at  such  places  on  the  public  streets  as  they  are  now  placed  or 
mav  hereafter  be  designated  by  the  Council,  and  to  light  and  keep  the 
said  lights  burning  from  thirty  minutes  after  sunset  to  thirty  minutes 
before  sunrise  of  each  night  in  the  year,  save  and  except  only  the  night 
before,  the  night  of,  and  the  night  after  full  moon  in  each  month,  and 
provided  always  that  if  on  these  excepted  nights  it  shall  for  any  reason 
be  dark  the  said  lights  shall  also  be  lighted  on  said  nights,  and  to 
furnish  such  additional  lights  from  time  to  time  as  the  citv  may  require. 

The  city  of  Walla  Walla  hereby  agrees  in  consideration  of  the  fore- 
going to  pay  the  said  company  monthly  ten  ($10)  dollars  for  each  light 
for  fifty  lights  or  less,  and  for  any  number  more  than  fifty  to  pay 
monthly  eight  ($8)  dollars  for  each  light  of  such  excess  of  fifty  lights, 
which  payments  shall  be  made  in  script  of  the  city  dulv  issued  under 
order  of  the  City  Council  therefor. 

SEC.  2.  The  contract  shall  be  in  force  for  the  period  of  three  years 
from  and  after  the  1st  day  of  November,  1895. 


ORDINANCES  OF  THE 


310 


vSkc.  3 The  Mayor  and  Clerk  are  hereby  directed  to  enter  into  a 
formal  written  contract  with  said  company  in  accordance  with  the 
terms  of  this  ordinance. 

Passed  the  Council  October  29,  1895. 

ALEX  MACKAY, 

City  Clerk. 

Approved,  October  29,  1895. 

JOHN  L.  ROBERTS, 

Mayor. 

ORDINANCE  NO.  545. 

an  ordinance;  to  authorize  the  compilation  and  publication 

OF  GENERAL  LAWS  AND  THE  ORDINANCES  OF  THE  CITY. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  That  the  ordinances  of  said  City  now  in  force,  to 
gether  with  the  charter  of  said  City  and  the  general  laws  of  the  State 
of  Washington  applicable  to  municipal  corporations  of  the  nature  of 
said  City,  be  compiled  by  the  City  Clerk  and  Citv  Attorney,  and  when 
so  compiled  that  the  same  be  published  ill  one  book. 

Passed  the  Council,  January  7,  1896. 

ALEX  MACKAY, 

City  Clerk. 

Approved,  January  7,  1896. 

JACOB  BETZ, 

Acting  Mayor. 


ORDINANCE  NO.  546. 

AN  ORDINANCE  TO  AMEND  SECTION  SIX  OB'  ORDINANCE;  NO.  219. 

The  City  of  Walla  Walla  does  ordain  as  follows: 

Section  i.  That  whenever  any  person  or  persons  shall  intend  to 
sell  lots  according  to  municipal  sub-divisions,  or  shall  dedicate  any 
street  for  public  use,  they  shall  first  make  a survey  and  plat  thereof 
and  submit  them  to  the  inspection  of  the  City  Surveyor.  All  the  angles 
on  the  outer  boundary  of  the  addition  sub-divided  shall  be  marked  with 


CITY  OF  WALLA  WALLA. 


3i 1 


permanent  monuments.  The  center  line  of  every  street  shall  be  marked 
by  at  least  two  monuments,  and  a monument  shall  be  placed  at  each 
angle  in  any  and  all  streets.  All  monuments  must  be  of  stone  or  iron 
large  enough  to  insure  permanence,  and  the  exact  center  must  be  plainly 
marked.  All  additions  hereafter  laid  out  shall  conform  to  the  principal 
addition  adjoining  thereto.  The  plat  shall  show  the  exact  distance  be- 
tween monuments  on  the  same  line,  the  width  of  all  streets  and  alleys, 
and  the  size  of  all  regular  and  fractional  lots  or  blocks.  The  City  Sur- 
veyor shall  examine  the  survey  and  plat,  and  report  to  the,  City  Council 
whether  or  not  they  accord  with  this  ordinance,  whereupon  the  Council 
shall  either  adopt  or  reject  said  plat.  If  the  Council  shall  adopt  the 
plat,  it  shall  be  the  duty  of  the  City  Surveyor  to  mark  thereon  the  order 
approving  the  same,  and  cause  a copy  of  the  plat  approved  to  be  re- 
corded in  the  book  of  plats  of  Walla  Walla  County,  State  of  Washing- 
ton, and  in  the  official  plat  book  of  the  City  of  Walla  Walla.  If  it  be 
rejected,  he  shall  return  it  to  the  person  or  persons  who  furnished  it  to 
him  and  inform  him  or  them  of  the  defects  in  the  same. 

SEC.  2.  This  ordinance  to  be  in  force  and  take  effect  from  and 
after  its  passage  and  approval. 


Passed  the  Council,  January  21,  1896. 


Approved,  January  21,  1896. 


ALEX  MACK  AY, 

City  Clerk, 


JACOB  BETZ, 

Acting  Mayor. 


ORDINANCE  NO.  547. 

AN  ORDINANCE  CONCERNING  DOGS. 

Section  i.  That  it  shall  be  unlawful  for  any  person  owning  or 
claiming  a dog  or  bitch  to  permit  or  allow  the  same  to  run  at  large,  or 
to  run  loose  within  the  City  of  Walla  Walla,  without  having  first  ob- 
tained a license  therefor  and  procuring  the  tag  hereinafter  mentioned, 
and  keeping  the  same  fastened  to  the  collar  of  such  animal. 

Sec.- 2.  1 hat  the  license  for  keeping  any  such  dog  running  loose 

or  at  large,  as  aforesaid,  shall  be  for  each  dog  one  dottar  per  year,  and 
for  each  bitch  two  dollars  per  year,  and  upon  the  payment  of  such  sum 
to  the  City  Clerk,  he  shall  issue  such  license  and  a suitable  tag,  at  his 
own  expense,  to  the  person  paying  the  same,  which  shall  be  fastened 


ORDINANCES  OE  THE 


312 


by  the  owner  to  the  neck  of  the  animal,  and  the  Clerk  shall  retain  fifty 
cents  for  each  animal  licensed  ana  pay  the  residue  to  the  City  Treasurer. 

Sec.  3.  Any  person  suffering  or  permitting  his  dog  or  bitch  to  run 
at  large  within  the  City  of  Walla  Walla  without  first  obtaining  a license 
or  affixing  a tag  as  above  provided,  shall  be  fined  in  any  sum  not  to  ex- 
ceed five  dollars  for  each  offense. 

Sec.  4.  It  shall  be  the  duty  of  the  City  Poundmaster  to  seize  upon 
every  dog  or  bitch  found  running  loose  or  at  large  within  the  City  of 
Walla  Walla  without  the  tag  aforesaid  being  affixed,  and  if  the  owner 
can  be  found,  to  restore  it  to  such  owner,  and  unless  such  owner  shall 
jiay  him  fifty  cents  for  returning  such  animal  and  immediately  procure 
a license  and  tag,  make  complaint  against  such  owner,  and  if  no  owner 
shall  be  found,  then  such  officer  shall  post  a notice  describing  the  ani- 
mal at  the  door  of  the  City  Justice,  and  impound  the  animal  for  three 
days  after  such  notice  is  posted,  and,  if  at  the  end  of  said  time  no 
owner  claims  such  animal,  the  same  shall  be  forfeited,  and  if  the  animal 
can  be  sold  for  sufficient  to  pay  the  officer  fifty  cents  for  catching  said 
animal  and  ten  cents  per  day  for  keeping  the  same,  and  twenty-five 
cents  for  notice,  such  officer  shall  sell  the  same  for  such  price  and  addi- 
tional sum  as  may  be  offered;  if  such  animal  cannot  be  sold,  then  such 
officer  shall  destroy  such  animal  on  the  fifth  day  after  such  notice  is 
posted  as  aforesaid  ; provided,  that  such  officer  shall  retain  his  fees  and 
pay  the  surplus,  if  any,  to  the  City  Treasurer. 

Sec.  5.  The  officer  catching  and  disposing  of  such  animal,  as  afore- 
said, shall  be  entitled  to  fifty  centy  cents  for  catching,  twenty-five  cents 
for  posting  said  notice,  and  ten  cents  per  day  for  keeping  said  animal, 
and  in  all  proceedings  against  the  owners  as  aforesaid,  the  same  shall 
be  taxed  as  costs,  and  with  other  costs  be  added  to  the  penalty. 

Sec.  6.  All  ordinances  and  parts  of  ordinances  previously  passed 
upon  the  same  subject  matter  of  this  ordinance  are  hereby  repealed, 
and  this  ordinance  shall  be  in  force  from  and  after  its  passage,  approval 
and  publication. 


Passed  the  Council,  February  11,  1896. 

ADEN  MACK  AY, 

City  Clerk. 


Approved,  P'ebruary  11,  1896. 

JOHN  L ROBERTS, 

Mayor. 


CITY  OF  WALLA  WALLA. 


313 


ORDINANCE  NO.  550. 

AN  ordinance  in  relation  to  assessment  and  taxation,  and  pro- 
viding FOR  THE  ASSESSMENT  OF  PROPERTY,  THE  EQUAL- 
IZATION OF  ASSESSMENTS  AND  THE  LEVY 
AND  COLLECTION  OF  TAXES. 

The  City  of  Walla  Walla  does  Ordain  as  follows: 

Section  i.  The  City  Assessor  shall  commence  assessing  on  the 
first  Monday  in  April  of  each  year,  and  assess  all  property  subject  to 
taxation  in  the  manner  and  as  provided  by  the  general  statutes  of  the 
State  in  relation  thereto,  and  shall  complete  the  assessment  for  that  year 
and  file  his  detail  lists,  assessment  roll  and  return,  with  the  City  Clerk 
on  or  before  the  first  day  of  July  of  each  year. 

Sec.  2.  The  Council  shall  sit  as  a board  of  equalization  for  cor- 
rection of  the  assessment  roll  and  equalization  of  assessments  at  the  first 
regular  meeting  in  the  month  of  July  of  each  year,  and  continue  in  ses- 
sion from  day  to  day  until  such  business  is  completed. 

SEC.  3.  The  City  Clerk  shall  give  ten  days’  notice  by  advertise- 
ment in  the  paper  doing  the  city  printing  of  the  meeting  provided  for  by 
the  foregoing  section. 

Sec.  4.  The  regular  tax  levy  for  each  year  shall  be  made  by  the 
City  Council  at  their  second  regular  meeting  in  July  of  each  year,  and 
as  soon  as  may  be  thereafter  the  City  Assessor  shall  extend  the  taxes  so 
levied  upon  the  assessment  roll  and  place  the  same  in  the  hands  of  the 
City  Treasurer  for  collection,  and  such  Treasurer  shall  proceed  to  collect 
and  receive  such  taxes  until  the  last  day  of  August  of  each  year  at  six 
o’clock,  p.  m.,  at  which  time  all  taxes  not  collected  shall  become  de- 
linquent and  be  turned  over  to  and  placed  in  the  hands  of  the  City 
Marshal  for  collection,  as  tax  collector. 

Sec.  5.  The  City  Treasurer  shall  so  soon  as  he  receives  the  assess- 
ment roll,  as  provided  by  Section  4 of  this  ordinance,  publish  notice  in 
two  papers  of  different  politics,  if  practicable,  that  taxes  will  be  re- 
ceived by  him  up  to  the  time  the  same  will  become  delinquent,  specify- 
ing such  time. 

Sec.  6.  All  delinquent  taxes  shall  bear  interest  at  the  rate  of  8 per 
cent,  per  annum  and  then  shall  be  added  to  delinquent  City  taxes  the 
same  penalties  that  are  added  to  delinquent  County  and  State  taxes, 
under  the  statutes  of  the  State. 

SEC.  7.  The  forms  of  warrants  for  the  collection  of  City  taxes  shall 
be  the  same  as  are  used  for  the  collection  of  County  and  State  taxes, 
substituting  for  “Auditor”  “Clerk;”  and  for  “Sheriff,  ’ Marshal;  and 


3M 


ORDINANCES  OF  THF; 


such  warrants  for  the  collection  of  City  taxes  shall  have  the  same  force 
and  effect  as  like  warrants  under  the  laws  for  the  collection  of  County 
and  State  taxes. 

Sec.  8.  On  the  first  Monday  of  September  of  the  year  following 
that  in  which  the  delinquent  taxes  for  such'  year  shall  have  been  placed 
in  his  hands  for  collection,  the  City  Marshal  shall  at  the  hour  of  io 
o’clock  a.  m.  commence  the  sale  at  public  auction,  in  front  of  the  Coun- 
cil chamber,  of  all  leal  estate  upon  which  taxes  have  been  levied  and 
not  paid. 

Sec.  9.  The  Marshal  shall  give  notice  of  the  sale  of  real  property 
for  taxes  by  publishing  for  one  week  in  the  daily  paper  and  one  in- 
sertion in  the  weekly  the  delinquent  list,  with  description  of  property, 
name  of  person  to  whom  assessed,  total  amounts  of  taxes,  including 
penalty,  interest  and  costs,  to  date  of  sale,  in  the  newspaper  doing  the 
City  printing  and  in  the  weekly  and  daily*  editions  of  such  newsaper, 
which  notice  shall  correspond  in  form  as  near  as  may  be  with  the  notice 
required  by  law  to  be  given  by  a Sheriff  upon  a sale  of  real  estate  for  de- 
linquent County  and  State  taxes. 

Sec.  io.  Special  taxes  may  be  levied  by  the  Council  by  ordinauce 
at  any  time,  and  shall  become  delinquent  at  such  time  as  may  be 
specified  in  such  ordinance,  and  sale  of  real  estate  for  delinquent  taxes 
shall  take  place  at  the  same  time  as  the  next  sale  for  delinquent  general 
taxes  after  such  special  taxes  become  delinquent,  and  shall  be  con- 
ducted in  the  same  manner  and  upon  the  same  notice  as  sales  for  gen- 
eral taxes. 

SEC  11.  All  proceedings  subsequent  to  the  sale  of  real  property 
for  delinquent  taxes  shall  correspond  as  near  as  practicable  to  the  pro- 
ceedings to  be  had  and  taken  under  the  general  State  laws  for  the  col- 
lection of  delinquent  County  and  State  taxes,  and  when  the  word 
“ County  ” occurs  in  such  statutes  the  same  shall  be  read  “ City,”  and 
when  the  word  “Auditor  ” occurs  the  same  shall  be  read  “ City  Clerk,” 
and  where  the  word  “Sheriff”  occurs  the  same  shall  be  read  “Marshal.” 

Sec.  12  The  Marshal  shall  settle  with  the  City  Clerk  on  the  first 
Monday  in  each  month  of  the  year,  and  file  with  the  City  Clerk  all  re- 
ceipts for  taxes  by  him  collected  and  paid  over  to  the  City  Treasurer. 

Sec  1 3.  All  ordinances  in  conflict  herewith  are  hereby  repealed, 
and  this  ordinance  shall  be  in  force  from  and  after  its  passage,  approval 
and  publication. 

Passed  the  Council  March  3,  1896. 

ALEX  MACKAY, 

City  Clerk. 


CITY  OK  WALLA  WALLA. 


3LS 


Approved.  March  3,  1896. 

JACOB  BETZ, 

Acting  Mayor. 

ORDINANCE  NO.  55  r. 

AN  ORDINANCE  TO  REPEAL  SECTION  J OK  ORDINANCE  NO.  494  AND 
AMEND  SECTION  3 OF  SAID  ORDINANCE. 

The  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  Section  7 of  Ordinance  No.  494  which  reads  as 
follows:  “Section  7.  For  each  one-horse  dray,  truck,  cart,  wagon,  ex- 

press wagon,  or  other  article  for  carrying  goods,  wares,  lumber,  coal, 
wood  or  other  substance,  for  hire,  either  by  the  day,  month,  trip  or  job, 
within  the  City  limits,  $3  per  quarter,  and  $2  additional  per  quarter  for 
each  additional  horse;  provided,  that  vehicles  of  any  kind  used  in  con- 
veying lumber,  stone,  earth,  gravel,  sand  or  other  substance,  for  build- 
ing purposes,  or  engaged  in  excavating  or  street  improvement  or  labor, 
shall  be  exempt  from  such  license.  Each  vehicle  so  licensed  shall  dis- 
play a number  tag  to  be  furnished  by  the  City  and  paid  by  the  licensee 
at  the  rate  of  $1  per  tag,”  be  and  the  same  is  hereby  repealed. 

SEC.  2.  That  Section  3 of  said  Ordinance  No.  494  be  amended  to 
read  as  follows:  Section  3.  Auctioneers  shali  pay  a quarterly  license 

of  $10. 

SEC.  3.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication. 

Passed  the  Council,  March  3,  1896. 

ALEX  MACK  AY, 

City  Clerk. 

Approved,  March  3,  1896. 

JACOB  BETZ, 

Acting  Mayor. 


ORDINANCE  NO.  557- 

AN  ORDINANCE  TO  AMEND  SECTION  I OF  ORDINANCE  NO.  TO,  AS  THE 
SAME  HAS  BEEN  AMENDED  BY  ORDINANCE  NO  384. 

The  City  of  Walla  Walla  does  Ordain  as  follows  : 

Section  i.  That  Section  i of  Ordinance  No.  10,  a#  amended  by 
Ordinance  No.  384,  be  and  the  same  is  hereby  amended  to  read  as  fol- 


3 16 


ORDINANCES  OF  THE 


lows:  Section  i.  The  City  Treasurer,  before/, entering  upon  the  duties 

connected  with  his  office,  shall  give  a bond  to  the  City  of  Walla  Walla 
in  the  penal  sum  of  twenty-five  thousand  dollars,  with  at  least  two 
sureties,  which  bond  shall  be  approved  by  the  board  of  Common  Coun- 
cil, conditioned  for  the  faithful  discharge  of  his  duties  according  to 
law.  He  shall  also  take  and  subscribe  an  oath  that  he  will  support  the 
Constitution  of  the  United  States,  and  of  this  State,  and  that  he  will 
faithfully  perlorm  the  duties  of  City  Treasurer  during  his  continuance 
in  office. 

SEC.  2.  This  ordinance  to  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


Passed  the  Council,  March  3,  1896. 


Approved,  March  3,  1896. 

JACOB  BETZ, 

Acting  Mayor. 


ALEX  MACKAY, 

City  Clerk. 


ORDINANCE  NO.  558. 
an  ordinance;  to  amend  ordinance  no.  57. 

'I he  City  of  Walla  Walla  does  Ordain  as  follows : 

Section  i.  That  Section  2 of  Ordinance  57  be  and  the  same  is 
hereby  amended  to  read  as  follows:  Section  2.  The  City  Marshal 

shall  be  the  Chief  of  Police  and  all  general  and  special  policemen  shall 
in  all  cases  be  under  his  command,  and  any  failure  on  the  part  of  any 
policeman  to  obey  the  lawful  order  of  the  Marshal  shall  be  cause  for  re- 
moval by  and  with  the  consent  of  the  Council 

Sec.  2.  1 his  ordinance  to  be  in  force  and  take  effect  from  and  after 

its  passage  and  approval. 

Passed  the  Council  March  3,  1896. 


Approved,  March  3,  1896, 

JACOB  BETZ.  ■ 

Acting  Mayor. 


ALEX  MACKAY, 

City  Clerk. 


CITY  OF  WALLA  WALLA. 


317 


APPENDIX. 


It  being  deemed  unnecessary  to  print  the  following  ordinances  in 
full,  a summary  of  the  title  and  date  of  passage  of  the  several  ordinances 
is  here  given. 

No  3.  An  ordinance  in  relation  to  licenses.  August  15,  1878. 

No.  6.  A11  ordinance  defining  the  duties  of  City  Marshal.  August 

16,  1S78. 

No.  9.  An  ordinance  to  prevent  animals  from  running  at  large  and 
to  provide  for  the  penalty  therefor.  August  19,  1878 

No.  12.  An  ordinance  to  regulate  the  taxing,  impounding,  dis- 
posal of  and  destruction  of  dogs.  August  21,  1878. 

No.  13.  An  ordinance  to  prevent  hogs  running  at  large  in  the  City 
of  Walla  Walla  and  forfeiture  thereof.  (See  Ordinance  503.)  August  21, 
1878. 

No.  21.  An  ordinance  to  widen  and  relocate  the  streets  in  Lang- 
ford’s Addition.  September  24,  1S78. 


No.  23.  An  ordinance  to  divide  the 
and  appointment  of  Councilmen.  (See 
1 878. 


city  of  Walla  Walla  into  wards 
Ordinance  185.)  October  22, 


No.  24.  An  ordinance  providing  for  a special  election  to  levy  a tax 
for  the  purchase  of  fire  apparatus.  October  22,  1878. 


ORDINANCES  OF  THE 


3/* 


No.  25.  An  ordinance  fixing  the  fees  of  Justice  of  the  Peace,  City 
Marshal  and  policemen  and  witnesses.  October  22,  1878. 

No.  28.  An  ordinance  to  prevent  and  punish  the  smokers  of  opium 
and  the  keeping  of  any  house  or  den  for  that  purpose.  (See  ordinance 
No.  150.)  November  19,  1878. 

No.  29.  An  ordinance  to  provide  for  a special  tax  for  the  purchase 
of  hose  and  other  fire  apparatus.  December  3,  1878. 

No.  30.  An  ordinance  in  relation  to  license.  January  3r,  1879. 

No.  31  An  ordinance  to  establish  the  grade  of  Main  street  from 
the  bridge  to  Idaho  street  and  provide  for  the  grading  thereof.  Febru- 
ary 4,  1879.  * 

No.  32.  An  ordinance  to  amend  Ordinance  No.  26.  March  4,  1879. 
No.  33.  An  ordinance  concerning  public  health.  March  12.  1879. 

No.  34.  A11  ordinance  to  amend  Section  12  of  Ordinance  No.  17. 

March  19,  1879. 

No.  35.  An  ordinance  approving  the  surveys  and  providing  for  the 
grading  of  certain  streets  and  alleys  March  26,  1879. 

No.  37.  An  ordinance  to  levy  a tax  for  the  improvement  of  Main 
street  from  the  bridge  to  Idaho  street.  March  26,  1879. 

No.  38.  An  ordinance  to  amend  Section  4 of  Ordinance  No.  3. 
April  2,  1879. 

No.  39  An  ordinance  approving  of  the  survey  and  establishing 
the  grade  of  FJrst,  Third,  Fourth  and  Fifth  streets  April  16,  1879. 

No.  40.  An  ordinance  to  levy  a tax  for  the  improvement  of  Birch 
street  from  Catherine  to  Chase  street.  April  18,  1879. 

No.  41.  An  ordinance  to  levy  a tax  for  the  improvement  of  the 
alley  running  through  blocks  No.  17,  18,  19  and  M,  between  Poplar  and 
Birch  streets.  April  18.  1879. 

No.  42.  An  ordinance  to  lew  a tax  for  the  improvement  of  the 
alley  running  through  blocks  No.  14,  15,  r6,  K and  I„  between  Alder 
and  Poplar  streets  April  18,  1879. 

No.  43.  An  ordinance  to  levy  a tax  for  the  improvement  of  the 
alley  running  through  blocks  No.  10,  11,  12  and  13,  between  Main  and 
Alder  streets  April  18,  1879. 

No.  44.  An  ordinance  to  levy  a tax  for  the  improvement  of  the 
alley  running  through  blocks  No.  2,  3 and  4,  between  Main  and  Rose 
streets.  April  18,  1879. 


CITY  OF  WALLA  WALLA. 


3*9 


No.  45.  A11  ordinance  fixing  the  time  for  levying  the  general  tax. 

April  22,  1879. 

No  46.  An  ordinance  to  authorize  the  collection  of  delinquent  road 
poll  tax.  April  22.  1879. 

No.  47.  An  ordinance  to  levy  a road  poll  tax  for  1879.  May  7,  1879 

No.  48.  An  ordinance  to  approve  the  assessment  of  property  and 
levy  tax  for  grading  First  street  from  Main  to  Dr.  Newell  street  May 
16,  1879. 

No.  49.  A11  ordinance  to  levy  a tax  for  the  year  1879.  May  30,  1879. 

No.  51.  An  ordinance  to  provide  for  the  grading  of  Second  street 
from  Sumach  street  to  Cherry  street.  June  3,  1879. 

No.  52.  An  ordinance  to  license  and  regulate  the  selliug  of  pools. 
June  24,  1879. 

No.  53.  An  ordinance  to  establish  a fire  department  for  the  City  of 
Walla  Walla.  September  3,  1879. 

No.  54.  An  ordinance  to  amend  Sections  2,  13  and  15,  of  Ordinance 
No.  53.  September  24,  1879 

No.  58.  A11  ordinance  providing  for  the  due  observance  of  Sunday. 

November  4,  1879. 

No.  59  An  ordinance  relating  to  the  grade  of  sidewalks  on  Second 
street  from  Birch  to  Main.  November  4,  1879 

No  60.  An  ordinance  for  the  better  regulating  bar-rooms,  beer 
shops  and  saloons.  November  4,  1879. 

No.  6r.  An  ordinance  relating  to  grade  of  sidewalks  on  Second 
street  from  Mill  creek  to  alley  between  Cherry  and  Oak  streets.  No- 
vember 4,  1879. 

No.  62.  An  ordinance  to  levy  a tax  for  the  improvement  of  Third 
street  from  B.ose  to  Birch  streets.  December  16,  1879 

No.  63.  An  ordinance  to  levy  a tax  for  the  improvement  of  Fourth 
street  from  the  bridge  on  Mill  creek  to  Birch  street  December  16,  1879. 

No.  64.  An  ordinance  to  levy  a tax  for  the  improvement  ofVifth 
street  from  the  bridge  on  Mill  creek  to  Chase  street.  December  16..  1879. 

No.  65.  An  ordinance  to  vacate  the  alley  running  through  block  7, 
Cain’s  addition,  between  Colville  and  Spokane  streets.  December  16, 

1879 

No.  66.  A11  ordinance  to  establish  and  organize  the  fire  department. 

December  20,  1879. 


320 


ORDINANCES  OF  THE 


No.  67.  A11  ordinance  granting  the  United  States  the  right  to  lax- 

water  pipes  in  Singleton  avenue  and  across  Second  street.  January 
20,  1880. 

No  68  An  ordinance  in  relation  to  licenses.  January  22,  1880 

No.  69.  Au  ordinance  authorizing  and  empowering  M.  G.  Elmore 
and  his  associates  to  lay  gas  mains  and  pipes  in  streets  and  alleys  of  the 
City.  March  2,  1880. 

No.  70.  A11  ordinance  granting  to  the  City  Water  Company  the 

right  to  lay  xvater  pipes  in  streets  and  alleys  of  City.  April  6,  1880. 

No.  71.  Au  ordinance  to  levy  a road  poll  tax  for  the  year  1880. 
Aprii  6,  1880 

No.  73.  An  ordinance  to  levy  a tax  for  the  year  1880.  May  21,  1880. 

No  74.  A11  ordinance  to  amend  Ordinance  No.  45.  June  1,  1880. 

No.  75.  An  ordinance  in  relation  to  opium  smoking.  June  15,  1880. 

No  76.  An  ordinance  to  amend  Section  5 of  Ordinance  No.  68. 
July  20,  j88o. 

No.  77.  A11  ordinance  to  amend  Section  16  of  Ordinance  No.  68. 

July  20,  1880. 

No.  78.  Au  ordinance  in  relation  to  City  Sexton  and  his  duties 
September  21,  1880. 

No  79.  A11  ordinance  relating  to  the  sale  of  lots  in  the  City  ceme- 

tery. October  8,  1880. 

No.  80.  A11  ordinance  to  vacate  certain  streets  and  allevs  in  Lang- 

ford’s addtion.  October  19,  1880. 

No  83.  An  ordinance  to  provide  for  the  opening  of  Palouse  street 
from  Main  street  to  Baxter  street.  December  7,  1880. 

No.  84.  An  ordinance  to  change  the  names  of  certain  streets 
December  7,  1880. 

No.  86.  A11  ordinance  to  authorize  a conveyance  to  Frederick  Stine. 

December  21.  1880. 

No.  S7.  A11  ordinance  authorizing  and  empowering  Clias.  M.  Pat- 

terson and  his  associates  to  lay  gas  mains  and  pipes  in  the  streets.  De- 
cember 2r,  18S0. 

No.  89.  A11  ordinance  providing  for  the  improvement  of  Main 

street  from  the  bridge  over  Mill  creek  to  Ninth  street.  January  5, 
1881. 

No.  90.  A11  ordinance  to  prevent  infection  from  smallpox.  Janu- 

ary 5,  1881. 


CITY  OF  WALLA  WALLA. 


321 


No.  92.  An  ordinance  providing  for  the  placing  of  guide  boards  on 
the  public  streets.  January  18,  18S1. 

No.  96.  An  ordinance  to  appropriate  $1200  to  I).  S.  Baker.  March 

15,  1SS1. 

No.  99.  A11  ordinance  providing  for  the  improvement  of  East  Rose 

street.  March  22,  1881. 

No.  100  An  ordinance  providing  for  the  improvement  of  North 
Third  street  from  Rose  street  to  Elm  street.  March  22,  1881. 

No.  lor.  An  ordinance  to  provide  for  construction  of  a sidewalk  on 
Main  street  between  Seventh  and  Ninth  streets  March  22,  1881. 

No  103.  A11  ordinance  to  vacate  the  alley  in  block  4,  Barrons  ad- 

dition. May  17,  1881. 

No.  104.  An  ordinance  to  appropriate  money  to  pay  the  expense 
of  the  last  sickness  and  burial  of  Willard  Bartlett  deceased.  June  2r. 
1881. 

No.  105.  An  ordinance  to  apportion  the  taxes  and  assessment  of 
property  on  Main  street.  June  23,  1S81. 

No  106.  An  ordinance  to  apportion  the  taxes  and  assessment  of 
property  on  East  Rose  street.  June  23,  iSSr. 

No.  107.  An  ordinance  to  apportion  the  taxes  and  assessment  of 
property  on  North  Third  street  June  23,  1881. 

No.  108.  A11  ordinance  to  apportion  the  taxes  and  assessment  of 

certain  property  on  Main  street.  June  23,  iS8r. 

No.  109.  A11  ordinance  to  provide  for  the  erection  and  maintain- 

ence  of  water  works  for  the  purpose  of  furnishing  the  City  of  Walla 
Walla  with  a sufficient  supply  of  water.  June  23,  18S1. 

No.  1 10.  A11  ordinance  appropriating  the  fund  to  be  raised  by  street 

assessment  on  East  Rose  street  to  pay  for  the  improvements  thereon. 
July  19,  i88r. 

No.  in.  A11  ordinance  appropriating  money  to  pay  for  the  im- 
provement of  Main  street.  July  19.  iS8r. 

No.  1 12.  An  ordinance  to  appropriate  a certain  sum  to  pay  for 
water  pipe.  July  19,  1S81. 

No.  1 13.  A11  ordinance  concerning  taxes  for  improvements  on 

North  Third  stieet.  August  2,  1881. 

No.  1 14.  An  ordinance  concerning  payment  of  taxes  for  improve- 
ment of  Main  and  East  Main  street.  August  2,  1881. 


322 


No.  1 1 5.  An  ordinance  concerning 
ment  of  East  Rose  street.  August  2,  1881 


ORDINANCES  C 


No.  ri6.  An  ordinance  concerning  payment  of  taxes  for  improve- 


No.  1 17.  An  ordinance  appropriates  money  to  pay  for  the  improve- 
ment on  North  Third  street.  August  2,  1881. 

No.  1 18.  An  ordinance  appropriates  money  to  pay  for  the  improve- 
ments on  Main  and  East  Main  street.  August  2,  1881. 

No.  120  An  ordinance  to  punish  the  employment  of  women  in 
drinking  saloons.  September  6,  1881. 

No  122.  An  ordinance  to  amend  Ordinance  No.  87.  September  6, 
1S81. 

No.  123.  A11  ordinance  to  provide  for  the  correction  and  revision  of 

assessment  November  1,  1881. 

No.  124.  An  ordinance  to  establish  lire  limits  and  'prevent  the 
spreading  of  fires.  December  20,  1881. 

No.  125.  An  ordinance  to  provide  for  the  establishment  of  grades 
on  North  Fourth  street  from  Sumach  to  Elm  street.  January  3,  1SS2. 

No.  126.  An  ordinance  to  establish  the  grade  of  Second  street  from 
Birch  south  to  the  City  boundary.  January  3,  1SS2. 

No.  127.  An  ordinance  providing  for  the  improvement  of  North 
Fourth  and  Elm  streets.  Janary  3,  1882. 

No.  130.  A11  ordinance  to  amend  Ordinance  No.  124.  February 

21.  1882. 

No.  1 3 1 . An  ordinance  changing  the  grade  of  Second  street  from 
Birch  south  to  the  City  limits.  March  7,  1S82. 

No.  132.  A11  ordinance  to  prohibit  children  from  running  about  the 

streets  in  the  night.  March  7,  1882. 

No.  134.  A11  ordinance  to  apportion  the  taxes  and  assessment 

of  property  on  North  Fourth  and  Elm  streets  for  street  improvements. 
March  21,  1882. 

No.  136.  An  ordinance  to  establish  grades  on  North  Fifth  street 
and  on  Pine  street.  April  4,  1882. 

No.  137.  An  ordinance  to  change  the  grade  of  Second  street.  April 
4,  1882. 

No.  138.  A11  ordinance  providing  for  the  improvement  of  Second 

street.  April  iS,  18S2. 


ment  of  Main  street.  August  2,  1881. 


CITY  OF  WALLA  WALLA. 


323 


No.  143.  An  ordinance  authorizing  the  conveyance  of  a certain 
piece  of  land  to  H.  D.  Chapman.  July  11,  1882. 

No.  144.  A11  ordinance  providing  for  the  improvement  of  North 

Fifth  street  and  appointing  an  assessor  therefor.  July  18,  1882. 

No.  145.  An  ordinance  concerning  the  improvement  of  Second 
street.  July  18,  1882. 

No.  146.  An  ordinance  to  appropriate  money  to  pay  for  the  im- 
provement of  Second  street.  July  18,  1882. 

No.  148.  An  ordinance  to  improve  North  Fifth  from  the  bridge  over 
Mill  creek  to  the  center  of  Pine  street.  August  15,  1882. 

No.  149.  An  ordinance  to  protect  the  sidewalk  from  Walla  Walla' 
City  to  the  cemetery.  October  3,  1882. 

No.  151.  An  ordinance  to  apportion  and  levy  a tax  for  improvement 
of  North  P'ifth  street.  October  19,  1882. 

No.  152.  An  ordinance  to  levy  and  collect  a special  tax  for  preven- 
tion of  accident  by  fire.  November  21,  1882. 

No.  153.  An  ordinance  to  establish  the  salaries  of  officers.  Novem- 
21,  1882. 

No.  155.  An  ordinance  to  protect  the  public  health.  December  5, 
1882. 

No  156.  An  ordinance  to  levy  a tax  for  street  purposes.  Decem- 
ber 19,  1882. 

No.  158.  An  ordinance  to  protect  the  sidewalks  from  Walla  Walla 
City  to  the  cemetery  and  punish  trespass  thereon.  December  19,  1SS2. 

No.  159.  An  ordinance  to  provide  for  the  opening  of  certain  streets 
in  Roberts  addition  to  the  City  of  Walla  Walla.  January  2.  1SS3. 

No.  160.  An  ordinance  to  provide  a license  for  certain  business, 
trade  and  occupations.  January  2,  1883. 

No  162.  An  ordinance  to  provide  for  the  improvement  of  Eighth 
and  Alder  streets.  March  6.  1883. 

No.  163.  An  ordinance  authorizing  the  conveyance  of  a certain 
piece  of  land  to  George  Dacres.  March  20,  1883. 

No.  164.  An  ordinance  to  license  and  regulate  drinking  saloons  and 
to  repeal  certain  portions  of  Ordinance  No.  160.  April  2,  1883. 

No.  165.  A11  ordinance  to  amend  Sections  2 and 

No.  2.  May  1,  1883, 


11  of  Ordinance 


324 


ORDINANCES  OF  THE 


No  1 66.  Ail  ordinance  to  regulate  and  tax  retail  commercial 
travelers.  May  15,  1883.  ' 

No.  167.  A11  ordinance  in  relation  to  City  Sexton  and  liis  duties. 

May  17,  1883. 

No.  168.  An  ordinance  authorizing  the  conveyance  of  a certain 
piece  of  land  to  J.  E.  Bingham.  June  19,  1883. 

No  169.  A11  ordinance  to  apportion  and  levy  a tax  for  improve- 

ment  of  East  Cherry  street.  July  18,  1883. 

No.  170.  An  ordinance  to  license  and  regulate  drinking  saloons  and 
to  repeal  all  ordinances  and  parts  of  ordinances  on  the  same  subject. 
August  10,  1883. 

No.  1 71.  An  ordinance  appropriating  money  for  street  purposes. 
September  4,  1883. 

No.  172.  An  ordinance  appropriating  money  to  pay  for  construction 
of  Main  street  bridge.  September  4,  1883. 

No.  173.  An  ordinance  to  appropriate  money  to  pay  for  the  im- 
provement of  East  Cherry  street.  September  7,  1883 

No.  174.  An  ordinance  to  appropriate  money  for  the  improvement 
of  Catherine  street.  September  7,  1883. 

No.  175.  An  ordinance  to  protect  the  public  health  and  to  repeal 
all  prior  ordinances  on  the  same  subject.  September  11,  1883. 

No.  176.  A11  ordinance  to  authorize  the  execution  of  a quit-claim 

deed  from  the  City  of  Walla  Walla  to  J.  Eouga.  September  19,  1883. 

No.  177.  A11  ordinance  to  authorize  the  execution  of  a quit-claim 

deed  from  the  City  of  Walla  Walla  to  G.  A.  Evans  and  Bathenia  Evans.. 
September  19,  1883. 

No.  178.  An  ordinance  to  levy  an  assessment  for  the  improvement 
of  Catherine  street.  September  19,  1883. 

No.  179.  An  ordinance  to  provide  for  the  salary  of  the  Marshal,, 
his  deputies  and  the  Street  Commissioner.  December  18,  1883. 

No.  180.  A11  ordinance  creating  a Janitor  for  the  City  Hall.  De- 

cember 26,  1883. 

No.  18 1.  An  ordinance  appropriating  money  to  pay  for  steam  fire 
engine.  January  3,  1884. 

No.  182.  An  ordinance  to  establish  an  assessment  district  and  to 
improve  North  Fourth  street  from  Main  to  the  alley  between  Main  and 
Rose.  January  15,  1884. 


CITY  OF  WALLA  WALLA, 


325 


No.  183.  An  ordinance  to  authorize  a deed  from  the  City  of  Walla 
Walla  to  John  Markin.  February  21,  1884. 

No.  184.  An  ordinance  to  change  the  names  of  certain  streets. 
February  21,  1884. 

No.  186.  An  ordinance  to  provide  for  the  registration  of  voters. 
February  22,  1884. 

No.  187.  An  ordinance  to  improve  Palouse  street  between  Fast 
Oak  and  Hast  Main  streets  and  establish  an  assessment  district  therefor. 
March  4,  1884. 

No.  188.  An  ordinance  fixing  the  time  of  making  assessment  and 
the  return  thereof.  April  1,  1884. 

No.  191.  An  ordinance  creating  an  assessment  district  for  a special 
purpose.  April  15,  1884. 

No.  192.  An  ordinance  to  improve  Palouse  street  between  Hast 
Oak  and  Hast  Main  streets  and  create  an  assessment  district  therefor. 
April  15,  1884. 

No.  194.  An  ordinance  to  levy  taxes  for  the  vear  1884.  May  27, 
1884. 

No.  196.  An  ordinance  to  open  and  extend  North  Sixth  street 
July  8,  1884. 

No.  197.  An  ordinance  to  prevent  swill  and  other  offensive  matter 
from  being  removed  through  the  streets  and  alleys  in  the  day  time. 
July  24,  1884. 

No.  198.  An  ordinance  admitting  Engine  Company  No.  3 into  the 
Walla  Walla  fire  department.  August  5,  1884. 

No.  199.  An  ordinance  to  prevent  swill  and  other  offensive  matter 
from  being  carried  through  the  streets  and  alleys  of  the  city  in  day  time. 
August  5,  1884. 

No.  ‘200.  A11  ordinance  providing  for  the  payment  of  and  fixing 

the  pay  of  the  City  officers.  August  5,  1884. 

No.  201.  An  ordinance  to  amend  Section  2 of  Ordinance  No.  160. 
August  12,  1884. 

No.  202.  An  ordinance  to  repeal  Ordinance  No.  199.  August  12 
1884. 

No.  203.  An  ordinance  to  transfer  money  from  the  license  fund  to 
road  fund  and  appropriate  the  same  for  street  purposes  August  19 
1884. 

No.  204.  An  ordinance  to  appropriate  certain  money  to  pay  the 
City  officers.  August  19,  1884. 


3 26 


ORDINANCES  OF  THE 


No.  205.  An  ordinance  to  provide  Rescue  Engine  Company  No.  3 
with  a steam  fire  engine,  hose  and  apparatus.  August  19,  1884. 

No.  206.  An  ordinance  to  provide  for  a license  to  be  granted  to  re- 
tail venders  of  beer  and  malt  liquors.  September  2,  1884. 

No.  207.  A11  ordinance  to  establish  an  assessment  district  from 

which  the  expense  of  opening  North  Sixth  street  shall  be  paid.  Sep- 
tember 2,  1884. 

No.  208.  An  ordinance  to  prohibit,  license  and  regulate  gambling 
within  the  City  limits  of  Walla  Walla.  September  16,  1884. 

No.  209.  An  ordinance  relating  to  the  fire  department  of  the  City; 
providing  for  the  employment  of  engineers.  September  19,  1884. 

No.  210.  An  ordinance  providing  for  the  payment  of  and  fixing 
the  pay  of  the  City  Marshal  and  his  deputies.  September  19,  1884. 

No.  21 1.  An  ordinance  authorizing  reward  for  apprehension  and 
conviction  of  persons  who  wilfully  set  fire  to  buildings.  October  7, 

1884. 

No.  212.  An  ordinance  directing  the  sale  of  lots  6 and  7 in  block 
6,  Reeser’s  Addition,  for  delinquent  taxes.  October  7,  1884. 

No.  213.  An  ordinance  supplementary  of  an  ordinance  entitled, 
“ An  ordinance  to  prohibit  and  regulate  gambling.”  October  7,  1884. 

No.  215.  An  ordinance  to  improve  North  Sixth  street  from  Pine 
to  Elm  street.  November  7,  1884. 

No.  216.  An  ordinance  to  appropriate  money  to  pay  the  execution 
from  the  Supreme  Court  of  Washington  Territory  in  the  case  of  T.  J. 
Robinson  vs.  Mary  H.  Coffin.  November  18,  1884. 

No.  220.  An  ordinance  to  levy  a road  poll  tax  for  1885.  April  7, 

1885. 

No.  221.  An  ordinance  to  amend  an  ordinance  entitled,  “An  or- 
dinance to  regulate  drinking  saloons.”  April  7,  1885. 

No.  222.  An  ordinance  to  suppress  the  unhealtliful  use  of  opium.. 
April  7,  1885. 

No.  224.  An  ordinance  in  relation  to  animals  found  running  at 
large.  April  21,  1885. 

No.  225.  An  ordinance  to  vacate  Nursery  and  Center  streets.  May 
19,  1885. 

No.  226.  An  ordinance  to  levy  general  and  special  taxes  for  1885.. 
May  22,  1885. 


CITY  OF  WALLA  WALLA. 


327 

No.  227.  An  ordinance  to  appropriate  money  to  aid  a Fourth  of 
July  celebration.  June  2,  1885. 

No.  228.  An  ordinance  to  appropriate  money  to  entertain  the  Iowa 
journalistic  party.  June  2,  1885. 

No.  229.  An  ordinance  to  amend  an  ordinance  entitled,  “An  or- 
dinance regulating  drinking  saloons.”  July  28,  1885. 

No.  230.  An  ordinance  to  create  an  assessment  district  to  open 
and  extend  Dr.  Newell,  Lincoln  and  Washington  streets.  July  28,  1885. 

No.  231.  An  ordinance  in  relation  to  animals  found  running  at 
large.  July  28,  1885. 

No.  233.  An  ordinance  to  fix  the  pay  of  Citv  officers.  August  4, 
1885. 

No.  234.  An  ordinance  to  provide  a license  for  certain  business, 
trade  and  occupations.  August  11,  1885. 

No.  235.  An  ordinance  to  establish  fire  limits  and  prevent  the 
spreading  of  fires.  August  19,  1885. 

No.  238,  An  ordinance  to  open  and  extend  Dr.  Newell,  Lincoln 
and  Washington  streets.  October  13,  1885. 

No.  239.  An  ordinance  to  extend,  open  and  establish  Palouse 
street.  October  20,  1885. 

No.  240.  An  ordinance  supplementary  to  Ordinance  No.  196,  to 
open  and  extend  North  Sixth  street.  October  20,  1885. 

No.  241.  An  ordinance  authorizing  a conveyance  of  land  from  the 
City  of  Walla  Walla  to  John  Aubin.  October  20,  1885. 

No.  242.  An  ordinance  to  establish  the  lines  of  Mill  creek  at  a cer- 
tain point.  October  20,  1885. 

No.  243.  An  ordinance  supplementary  to  Ordinance  No.  237.  No- 
vember 3,  1883. 

No.  244-  An  ordinance  to  amend  Section  8 of  Ordinance  No.  234 
January  5,  1886. 

No.  245.  An  ordinance  to  regulate  employes  in  drinking  saloons 
and  prevent  dancing  therein.  February  2,  1886. 

No.  246.  A11  ordinance  fixing  the  time  of  making  assessments  and 

the  equalization  thereof.  May  12,  1886. 

No.  247.  A11  ordinance  to  vacate  the  streets  and  alleys  in  Kees  ad- 

dition. May  18,  1886. 

No.  24S  An  ordinance  to  provide  a steward  for  Our  Roys  Engine 
Company  No.  3,  and  fixing  his  duties.  June  15,  18S6. 


ORDINANCES  OF  THE 


328 


No.  249.  An  ordinance  to  appropriate  money  for  trial  of  cases  in 
Supreme  court.  June  15,  1886. 

No.  250.  An  ordinance  to  appropriate  money  for  the  payment  of 
certain  bills.  July  6,  1S86. 

No.  251.  An  ordinance  to  grant  S.  W.  Brasdel  the  right  to  erect  a 
system  of  electric  lights.  July  6,  1886. 

No.  252.  A11  ordinance  to  fix  the  salary  and  pay  of  City  officers. 

July  6,  18S6. 

Nos  253*4  An  ordinance  to  appropriate  money  to  pay  bills.  July 
22,  1886. 

No.  255.  A11  ordinance  to  authorize  the  strawing  of  Boyer  avenue 

and  Park  street.  September  1,  1886. 

No.  256.  A11  ordinance  to  provide  for  the  board  of  City  prisoners. 

September  7,  1886. 

No.  257.  A11  ordinance  to  amend  Ordinance  No  124.  September 

7,  1886. 

No.  258.  A11  ordinance  to  repair  Alder  street  from  Park  street  to 

the  City  limits.  September  21,  1886. 

No.  259.  An  ordinance  to  provide  for  the  City  printing.  Septem- 
ber 21,  18S6. 

No.  262.  An  ordinance  to  accept  the  work  of  A.  F.  Perry  111  im- 
proving Park  street.  October  5,  1886. 

No.  263.  A11  ordinance  to  fix  the  pay  of  policemen.  October  19, 

18S6. 

No.  264.  A11  ordinance  to  transfer  money.  December  7,  1886. 

No.  265.  A11  ordinance  to  appropriate  money  to  pay  for  the  im- 
provement of  Boyer  avenue  and  Park  street.  December  7,  1886. 

No.  266.  A11  ordinance  to  abolish  the  license  fund.  Transferring 

all  money  therein  to  the  general  fund.  January  4,  1887. 

No.  267.  An  ordinance  to  amend  Section  2 of  Ordinance  No.  234. 
January  4,  1887. 

No.  269.  An  ordinance  to  establish  fire  limits  to  prohibit  the 
erection,  removal  or  unlawful  repair  of  combustible  buildings.  March 
11,  1887. 

No.  271.  An  ordinance  to  appropriate  a certain  sum  for  the  pur- 
pose of  improving  the  road  leading  to  the  City  Cemetery.  March  15. 
1887. 


CITY  OF  WALLA  WALLA. 


329 


No.  272.  An  ordinance  to  appropriate  a certain  sum  to  the  Board 
of  Trade.  March  23,  1887. 

No.  273.  An  ordinance  to  authorize  the  expending  of  certain  sum 
in  improvement  of  streets.  April  5,  1887. 

No.  274.  A11  ordinance  to  provide  for  the  repayment  of  unexpired 

licenses.  April  5.  1887. 

No.  275.  An  ordinance  to  authorize  the  making  of  a deed  to  John 
Louga.  April  19,  1887. 

No.  276.  An  ordinance  to  levy  a poll  tax  for  the  year  1S87.  April 
19,  1887 

No  277  An  ordinance  to  provide  for  the  purchase  of  the  lot 
corner  of  Third  and  Rose  streets.  May  3,  1887 

No  279.  An  ordinance  to  appropriate  certain  sum  to  Our  Boys 
Engine  Company.  May  17,  1887. 

No.  280.  A11  ordinance  to  provide  for  the  erection  of  a City  build- 

ing. May  28,  1887. 

No.  281.  An  ordinance  to  appoint  and  employ  a superintending 
architect  during  the  erection  and  until  the  completion  of  the  City  Hall 
building.  May  28,  1887. 

No.  282.  An  ordinance  authorizing  the  sale  of  brick  and  other  per- 
sonal property  now  on  the  City  lot  on  the  corner  of  Third  and  Rose 
streets.  May  28,  1887. 

No.  283.  An  ordinance  to  correct  the  City  register  of  voters  to  erase 
the  names  of  all  females  whose  names  appear  thereon.  June  7,  1887. 

No.  284.  An  ordinance  authorizing  the  purchase  of  certain  real 
estate  from  Johan  Johansen  for  street  purpose.  June  7,  1887. 

No,  285.  An  ordinance  to  accept  and  approve  the  assessment  roll- 
for  the  year  1887.  June  21,  1887. 

No.  286.  An  ordinance  to  provide  for  the  appropriation  of  private 
property  for  the  purpose  of  public  streets  or  alleys.  (See  Ordinance  No. 
485.)  June  21,  1887. 

No  287.  Aif  ordinance  to  levy  taxes  for  the  ensuing  fiscal  vear. 
June  21,  1S87. 

No.  28S.  An  ordinance  to  fix  the  salary  and  pay  of  City  officers. 
June  2 r,  1887. 

No.  290  An  ordinance  to  amend  Section  9 of  Ordinance  No  234, 
entitled  “A11  ordinance  to  provide  a license  for  certain  business.”  Au- 
gust 8,  1887. 


330  ORDINANCES  OF  THE 

No.  291.  An  ordinance  to  provide  for  an  electric  fire  alarm  system 
for  the  City  of  Walla  Walla.  August  17,  1887. 

No.  292.  A11  ordinance  to  award  the  contract  for  building  the  bridge 

across  Mill  creek  at  Third  street.  August  30,  1887. 

No.  293.  An  ordinance  to  award  the  contract  for  removing  the  pres- 
ent Third  street  bridge  and  placing  the  same  in  position  over  Mill  oreek 
at  the  crossing  of  North  Sixth  street.  August  30,  1887 

No.  294  An  ordinance  to  purchase  certain  real  estate  from  M.  Mc- 
Manamou  for  a public  alley.  September  6,  1887 

No.  295.  An  ordinance  to  purchase  certain  real  estate  from  H.  M. 
Chase  for  street  purposes  as  a part  of  Palouse  street.  September  6, 
1887 

No.  296.  An  ordinance  to  provide  for  the  lighting  of  the  streets  of 
the  City.  September  20,  1887. 

No.  297.  An  ordinance  in  relation  to  the  publishing  of  City  ordi- 
nances. October  3,  1887. 

No.  29S.  An  ordinance  to  authorize  the  completion  of  a bridge  on 
Sixth  street.  November  15,  1887. 

No.  299.  An  ordinance  to  establish  fire  limits  to  prohibit  the  erec- 
tion or  repairs  of  combustible  buildings.  January  3,  1888. 

No.  300.  An  ordinance  to  open  Military  avenue  as  a public  street. 
January  3,  1888. 

No.  303.  An  ordinance  to  exempt  from  license  teams  engaged  ex- 
clusively in  City  work.  (See  Ordinance  No.  349.)  March  20,  1888. 

No.  304.  A11  ordinance  to  levy  a road  poll  tax  for  the  year  1888. 

March  20,  1888. 

No  307.  An  ordinance  to  authorize  the  conveyance  of  certain  real 
estate  to  Michael  McCarthy.  April  17,  1888. 

No.  308.  An  ordinance  for  the  erection  of  a bell  tower.  May  1, 

1SS8. 

No.  309.  An  ordinance  to  repeal  an  ordinance  for  the  erection  of  a 
bell  tower.  June  5,  1888. 

« 

No.  310.  An  ordinance  to  assist  in  celebrating  the  Fourth  of  July. 
June  5.  1888. 

No.  31 1.  An  ordinance  to  assist  in  celebrating  the  Fourth  of  July. 
June  19,  188S. 

No.  312.  An  ordinance  to  purchase  certain  real  estate  for  street 
purposes  as  a part  of  Whitman  street.  June  19,  1888. 


CITY  OF  WALLA  WALLA. 


33 1 


No.  313.  All  ordinance  to  levy  a tax  for  the  ensuing  year.  June 
19.  r888 

No.  314.  A11  ordinance  to  purchase  certain  real  estate  for  street 

purposes,  to  open  and  extend  Spokane  street.  June  19,  1888. 

No.  315.  A11  ordinance  to  purchase  certain  real  estate  to  open  and 

extend  a public  alley  in  block  7,  Barrons  addition.  June  19,  1888. 

No.  316.  A11  ordinance  to  authorize  the  grading  of  Sixth  street  from 

Poplar  street  to  Him  street.  June  19,  1888. 

No.  321.  A11  ordinance  to  improve  Sixth  street.  September  4, 

1888. 

No.  323  An  ordinance  to  provide  for  City  printing.  October  17, 
1888. 

No.  324.  An  ordinance  to  license,  tax  and  regulate  auctions,  auc- 
tion houses,  auctioneers,  hawkers  and  peddlers.  November  8,  18S8. 

No.  325.  An  ordinance  to  repeal  Ordinance  No.  324  November 
22,  1888. 

No.  326.  An  ordinance  to  provide  for  lighting  the  streets.  Novem- 
ber 27, 1888. 

No.  327.  An  ordinance  to  appropriate  a certain  sum  for  the  build- 
ing of  a flume  on  Fourth  street  from  Alder  to  Main  street.  December  4, 
1888. 

No.  328  Au  ordinance  to  prohibit  grazing  animals  from  running  at 
large  within  the  City  limits.  (See  Ordinance  No  544.)  December  18. 
1888. 

No.  329.  An  ordinance  to  award  contract  for  improving  Hast  Rose 
street  from  Touchet  street  to  Spokane  street.  December  18,  1888. 

No.  332  An  ordinance  awarding  to  C.  B Hopkins  a contract  for  a 
fire  and  police  alarm.  Vetoed. 

No.  334.  An  ordinance  to  amend  Section  3 of  Ordinance  No.  328. 
April  2,  18S9. 

No.  335.  A11  ordinance  to  authorize  the  purchase  of  certain  real 

estate  for  and  as  a part  of  First  street.  April  16,  1889. 

No.  336.  An  ordinance  to  regulate  the  mode  of  proceedure  to  ap- 
propriate lauds,  real  estate  or  other  property  by  the  City  for  streets  and 
alleys.  (See  Ordinance  No.  485.)  April  16,  1889. 

No.  337.  A11  ordinance  to  levy  a tax  of  one  mill  for  street  lights. 

May  7,  1889. 


332 


ORDINANCES  OF  THE 


No.  338.  A11  ordinance  to  provide  for  the  purchase  of  certain  real 

estate  for  street  purposes  and  as  part  of  Willow  street.  May  7,  1889. 

No.  339.  An  ordinance  to  appropriate  money  for  a proper  obser- 
vance of  the  national  birthday.  June  4,  1889. 


No.  340.  A11  ordinance  to  donate  a certain  sum  to  the  Seattle  fire 

sufferers.  Tune  7,  1889. 

No.  340^.  An  ordinance  to  levy  a tax  for  the  fiscal  vear.  Tune  18 
18S9. 


No.  341.  A11  ordinance  to  amend  a contract  for  Fifth  street  bridge. 

June  18,  1SS9. 

No.  342.  A11  ordinance  to  authorize  the  conveyance  to  Abraham 

Lincoln  Post  No.  4,  G.  A.  R. . certain  property  in  the  City  cemetery. 
June  18,  1SS9. 

N°*  343  An  ordinance  authorizing  the  exchange  of  real  estate  with 
the  Hawley  brothers.  June  18,  18S9. 

No.  343/2-  An  ordinance  to  authorize  the  Mayor  to  accept  from 
M.  F.  Jones  certain  real  estate  for  street  purposes.  July  2.  1889. 

No.  344.  A11  ordinance  to  authorize  the  purchase  from  F.  W.  Paine 

certain  real  estate  for  street  pui poses,  and  as  part  of  Jones  street.  July 
2,  1889 

No.  345.  A11  ordinance  to  authorize  the  purchase  of  horses  for  the 

fire  department.  September  9,  1889. 

No.  346.  An  ordinance  to  appropriate  certain  money  to  Our  Boys 
Hose  Team  to  enable  them  to  compete  in  the  Tacoma  tournament. 
September  9,  1889. 

No.  347.  An  ordinance  to  prohibit  grazing  animals.  (See  Ordinance 
No  503  ) October  22,  1889. 

No  349.  An  ordinance  to  repeal  Ordinance  No.  303.  February  4, 
1890. 


No.  350.  A11  ordinance  to  award  contract  for  grading  Poplar  street 

from  1 enth  street  to  United  States  military  reservation.  Febiuary6,  1890. 

No  352.  An  ordinance  to  provide  license  for  certain  business.  (See 
Ordinance  No.  499.)  March  18,  1890. 

No.  353.  A11  ordinance  authorizing  the  purchase  of  rock  crusher. 

March  18.  1S90. 

No.  354  A11  ordinance  authorizing  the  purchase  of  certain  real 

estate  from  Jacob  Betz  for  street  purposes,  and  as  a part  of  Chestnut 
street.  April  5,  1889. 


CITY  OF  WALLA  WALLA. 


333 


No.  355.  A11  ordinance  authorizing  the  purchase  of  certain  real 

estate  from  Harry  Wintler  for  street  purposes,  and  as  a part  of  Fourth 
street.  April  5,  1890. 

No.  356.  An  ordinance  providing  for  the  improvement  of  Sumach 
street  from  Colville  street  to  Idaho  street.  April  5,  1890. 

No.  357  An  ordinance  providing  for  the  improvement  of  Touchet 
street  from  Sumach  street  to  Cherry  street.  April  5,  1890. 

No.  358.  An  ordinance  providing  for  the  improvement  of  Cherry 
street  from  Tukannon  to  Idaho  streets.  April  5,  1890. 

No.  359.  An  ordinance  providing  for  the  improvement  of  Tukannon 
street  from  Sumach  street  to  Cherry  street.  April  5,  1890. 

No.  360.  An  ordinance  to  levy  poll  tax  for  the  year  1890.  April 
14,  1890. 

No.  361.  An  ordinance  to  authorize  the  sale  of  certain  property  on 
Fourth  street.  May  6,  1890. 

No.  362.  An  ordinance  to  authorize  the  City  to  borrow  money  and 
contract  an  indebtedness  for  the  purpose  of  constructing  a system  of 
sewers.  (See  ordinance  No.  377.)  May  14,  1890. 

No.  363.  An  ordinance  to  authorize  the  City  to  borrow  money  and 
contract  an  indebtedness  for  the  purpose  of  constructing  or  acquiring  a 
system  of  water  works.  (See  Ordinance  No.  378.)  May  14,  1890. 

No.  364.  An  ordinance  to  authorize  the  contracting  and  incurring 
of  a City  indebtedness.  (See  Ordinance  No.  379.)  May  14,  1S90. 

No  365.  An  ordinance  to  award  the  contract  for  the  improvement 
of  Touchet  street  between  Sumach  and  Cherry  streets.  May  20,  1890. 

No.  366.  An  ordinance  to  award  the  contract  for  the  improvement 
of  Cherry  street  between  Tukannon  and  Idaho  streets.  May  20,  1890. 

No.  367.  An  ordinance  to  award  the  contract  for  the  improvement 
of  Tukannon  street  between  Sumach  and  Cherry  streets.  May  20,  1890. 

No.  368.  A 11  ordinance  to  award  the  contract  for  the  improvement 
of  Sumach  street  between  Colville  and  Idaho  streets.  May  20,  1890. 

No.  369.  An  ordinance  to  award  the  contract  for  building  culverts, 
and  boxes  on  Tukannon,  Cherry,  Sumach  and  Touchet  streets.  May 
20,  1890. 

No.  370.  An  ordinance  to  award  the  contract  for  the  grading  of 
certain  squares  and  alley  crossings.  May  20,  1890. 

No.  371.  An  ordinance  authorizing  the  sale  to  the  estate  of  I).  S. 
Baker  of  certain  property  in  the  City  cemetery.  June  3,  1890. 


334 


ORDINANCES  OF  THE 


No.  373.  An  ordinance  providing  for  the  improvement  of  Tukan on- 
street from  Sumach  street  to  Main  street.  June  3,  1890. 

No.  374.  An  ordinance  to  amend  Ordinance  No.  362.  Jnne3,  1890. 

No.  375.  A11  ordinance  to  appropriate  certain  money  to  assist  in 

providing  for  a proper  observance  of  the  national  birthday.  June  17, 
1890. 

No.  376.  An  ordinance  to  accept  and  approve  the  assessment  roll 
for  the  year  1890.  June  17,  1890. 

No.  377.  An  ordinance  to  authorize  the  City  to  borrow  money  and 
contract  an  indebtedness  for  the  purpose  of  constructing  a system  of 
sewerage.  June  17,  1890. 

No.  378.  An  ordinance  to  authorize  the  City*  to  borrow  money  and 
contract  an  indebtedness  for  the  purpose  of  constructing  or  acquiring  a 
system  of  water  works.  June  17,  189c. 

No.  379.  An  ordinance  to  authorize  the  contracting  and  incurring 
of  a City  indebtedness  for  municipal  purposes.  June  17,  1890. 

No.  380.  An  ordinance  to  provide  for  the  City  printing  ending  June 
30,  1890.  July  10,  1890. 

No.  381.  An  ordinance  to  fix  the  salary  and  pay  of  City  officers. 
July  10,  1890. 

No.  383.  An  ordinance  to  award  a contract  for  the  construction  of 
a bridge  on  Thirteenth  street.  September  30,  1890. 

No.  385.  A11  ordinance  to  authorize  the  conveyance  of  lot  8,  block 

19,  of  the  original  City  of  Walla  Walla  to  Olive  F.  Morrill.  October  7, 
1890. 

No.  386.  An  ordinance  providing  for  the  improvement  of  Fourth 
street  from  Birch  to  Chestnut  street.  November  18,  1890. 

No.  387.  An  ordinance  to  award  a contract  for  the  construction  of 
stone  abutments  on  Mill  creek  at  Fourth  street.  November  24,  1890. 

No.  3S9  An  ordinance  to  award  the  contract  for  the  improve- 
ment of  Fourth  street  between  Birch  street  and  Chestnut  street.  Decem- 
ber 16,  1S90. 

No.  390  A11  ordinance  to  award  the  contract  for  grading  certain 

squares  in  Fourth  street.  December  16,  1890. 

No.  391.  A11  ordinance  authorizing  the  purchase  of  certain  prop- 

erty for  cemetery  water  purposes.  January  12,  1891. 

No.  392.  A11  ordinance  providing  for  the  improvement  of  Catherine 

street  from  Dr.  Newell  street  to  and  including  Chestnut  street.  Feb- 
ruary 13,  1891. 


CITY  OF  WALLA  WALLA. 


335 


No.  393.  A11  ordinance  awarding  a contract  to  construct  a stone 

abutment  011  the  banks  of  Mill  creek  on  Main  street.  February  13,  1891. 

No.  394.  A11  ordinance  for  the  improvement  of  Walnut  street  from 

Second  street  to  Adella  avenue.  February  17,  1891. 

No.  395.  An  ordinance  for  the  improvement  of  Chestnut  street  from 
Second  street  to  Chase  avenue.  February  1 7,  1891. 

No.  396.  A11  ordinance  for  the  improvement  of  Duluth  street  from 

Chestnut  street  to  Walnut  street.  February  17,  1891 

No.  397.  A11  ordinance  authorizing  the  purchase  of  certain  real 

estate  for  street  purposes  to  open  and  continue  Third  street.  Februarv 
17,  1891. 

No.  398.  Art  ordinance  to  award  the  contract  for  the  grading  of 
Catherine  street  from  the  center  line  of  Dr.  Newell  to  the  south  line  of 
Chestnut  street.  March  17,  1891. 

No.  399.  An  ordinance  to  appropriate  a certain  sum  of  money  for 
excavating  cemetery  reservoir.  March  17,  1891. 

No.  400.  A11  ordinance  authorizing  the  purchase  of  certain  land 

from  John  and  Viretta  Bryant  for  street  purposes  and  as  a part  of  Whit- 
man street.  April  7,  1891. 

No.  401.  An  ordinance  awarding  the  contract  for  the  stone  work  on 
cemetery  reservoir.  April  7,  1891. 

No.  402.  A11  ordinance  to  levy  a road  poll  tax  for  the  year  1891. 

April  7,  1891. 

No.  403.  A11  ordinance  to  purchase  iron  pipes  for  cemetery  water 

works.  April  7,  1891. 

No.  404.  A11  ordinance  to  award  the  contract  for  grading  Duluth 

street  from  Chestnut  street  to  Walnut  street.  April  7,  1891. 

No.  405.  An  ordinance  awarding  the  contract  for  the  grading  of 
Walnut  street  from  Second  street  to  Adella  avenue.  April  7,  1891. 

No.  406.  Art  ordinance  awarding  the  contract  for  the  grading  of 
Chestnut  street  from  Second  street  to  Chase  avenue.  April  7,  1891. 

No.  407.  A11  ordinance  to  establish  fire  limits.  (See  Ordinance  No. 

524.)  April  21,  1891. 

No.  408.  A11  ordinance  to  appropriate  certain  sums  of  money  to 

pay  for  labor  employed  in  excavation  of  cemetery  water  line.  April  21, 

1 89 1 . 

No.  409.  An  ordinance  providing  for  the  improvement  of  Toucliet 
street  by  grading  from  Sumach  street  to  alley  south.  May  19,  189F. 


ORDINANCES  OF  THE 


33& 


No.  410.  A11  ordinance  to  award  a contract  for  the  construction  of 

a stone  abutment  on  Mill  creek  at  Second  street.  May  19,  1891. 

No.  41 1.  An  ordinance  to  award  a contract  for  the  construction  of 
a bridge  over  Garrison  creek  on  Park  strreet.  May  19,  1891. 

No.  413  An  ordinance  to  award  the  contract  for  the  grading  of 
Toucliet  street  from  Sumach  street,  to  and  including  the  alley  south. 
June  16,  1891. 

No.  415.  A11  ordinance  to  accept  and  approve  the  assessment  roll 

for  the  year  1891,  and  to  levy  taxes  for  the  ensuing  fiscal  year.  June 
16,  1891. 

No.  416.  An  ordinance  to  fix  the  salaries  of  City  officials.  July 
11,  1891. 

No.  418.  An  ordinance  to  amend  Section  9 of  Ordinance  No.  352. 
July  21,  1891. 

No.  419.  An  ordinance  to  award  the  contract  for  City  printing,  year 
ending  June  30,  1892.  July  21,  1891. 

No.  420.  A11  ordinance  providing  for  the  improvement  of  Third 

street  from  Birch  street  to  Eagan  avenue  August  18,  1891. 

No  42T.  A11  ordinance  awarding  the  contract  for  furnishing  steel 

riveted  girders  for  North  Second  street  bridge.  August  18,  1891. 

No.  422.  An  ordinance  to  establish  fire  limits.  (See  Ordinance  No. 
524.)  September  1,  1891. 

No.  423.  An  ordinance  to  authorize  the  borrowing  of  money.  (See 
Ordinance  434. ) September  15,  1891. 

No.  425.  An  ordinance  to  award  the  contract  for  the  improvement 
of  Third  street  from  Birch  street  to  Eagan  avenue.  October  20,  1891. 

No.  426.  An  ordinance  to  amend  Sections  2 and  3 of  Ordinance  No. 
352,  entitled  “A11  ordinance  to  provide  license.”  (See  Ordinance  No. 
499.)  November  3,  1891. 

No.  427.  An  ordinance  to  award  the  contract  for  building  a bridge 
across  Mill  creek  at  Second  street  between  Main  and  Rose  streets.  No- 
vember 3,  1891. 

No.  428.  An  ordinance  to  appropriate  a certain  sum  to  purchase  for 
City  purposes  certain  real  estate  burial  ground  for  dumb  brutes.  No- 
vember 17,  1891. 

No.  429.  A11  ordinance  to  provide  for  the  improvement  of  Wash- 

ington street  from  Grove  street  to  Clinton  street.  November  17,  1891. 


CITY  OF  WALLA  WALLA. 


337 


No.  430.  An  ordinance  to  provide  for  the  improvement  of  Colville 
street  from  East  Rose  to  East  Main  street.  November  17,  1891. 

No.  431.  An  ordinance  to  award  the  contract  for  grading,  sidewalk- 
ing and  strawing  of  Washington  street  from  Grove  street  to  Clinton 
street.  December  7,  1891. 

No.  432.  A11  ordinance  to  award  the  contract  for  grading,  side- 

walking and  strawing  Colville  street  from  East  Main  to  East  Rose 
streets.  December  7,  1891 . 

N°.  433-  An  ordinance  to  award  the  contract  for  furnishing  hav, 
straw  and  oats  for  the  year  ending  December  17,  1892.  December  15, 

1891. 

No.  435.  An  ordinance  to  provide  for  the  lighting  of  streets.  Jan- 
uary 5,  1892. 

No.  436.  An. ordinance  appropriating  a certain  sum  in  payment  of 
a judgment  in  John  L.  Cook  vs.  The  City  of  Walla  Walla,  et  al.  Feb- 
ruary 16,  1892. 

No.  437.  An  ordinance  to  appropriate  out  of  the  general  fund  a cer- 
tain sum  to  purchase  real  estate  for  street  purposes  and  the  opening  of 
Palouse  street  from  East  Main  to  Birch  street.  February  16,  1892. 

No.  438.  An  ordinance  to  provide  for  the  improvement  of  Whit- 
man street  from  Chandler  street  to  Catherine  street.  March  i,  1892. 

No.  439.  An  ordinance  to  award  the  contract  for  the  improvement 
of  Whitman  street  from  Chandler  street  to  Catherine  street  March  19 

1892. 

No.  440.  A11  ordinance  to  levy  a road  poll  tax  for  the  year  1892. 

April  5,  1892. 

No.  441.  An  ordinance  to  amend  Section  9 of  Ordinance  No.  422, 
an  ordinance  entitled  “An  ordinance  to  establish  fire  limits.’’  (See 
Ordinance  No.  524.)  April  5.  1892. 

No.  442.  A11  ordinance  to  authorize  the  execution  of  a deed  to 

Kitty  D.  Caulking  of  certain  real  estate.  April  19,  1S92. 

No.  443  A11  ordinance  to  authorize  the  execution  of  a deed  to  John 

G.  Muntinga  of  certain  real  estate.  April  19,  1892. 

No.  444.  An  ordinance  to  provide  for  the  improvement  of  Palouse 
street  from  East  Main  street  to  Craig  street.  May  3,  1892. 

No.  445.  An  ordinance  to  award  the  contract  for  the  improvement 
of  Palouse  street  from  East  Main  street  to  Craig  street.  May  3,  1892. 


33« 


ORDINANCES  OF  THE 


No.  446.  An  ordinance  to  award  the  contract  for  the  excavation, 
concrete  work  and  masonary  necessary  for  the  construction  of  abutments 
Palouse  street  bridge.  June  9,  1892. 

No.  447.  An  ordinance  to  provide  for  the  improvement  of  Whit- 
man street,  from  Division  street  to  Howard  street.  June  9,  1892. 

No.  448.  A11  ordinance  to  provide  for  the  improvement  of  Whit- 

man street,  from  Howard  street  to  Chandler  street.  June  9,  1892. 

No.  449.  An  ordinance  to  accept  and  approve  the  assessment  roll 
for  year  1892.  June  21,  1892. 

No.  450.  An  ordinance  appropriating  certain  sums  to  assist  in  the 
celebration  of  the  Fourth  of  July,  1892.  June  28,  1892. 

No.  451.  An  ordinance  to  award  the  contract  for  the  City  printing 
for  the  year  ending  June  30,  1893. 

No.  452.  A11  ordinance  to  appropriate  certain  sums  to  pay  for  as- 

sessment against  school  property  on  Whitman  street.  July  9,  1892. 

No.  453.  An  ordinance  to  fix  salaries  of  City  officials.  July  9,  1892. 

No.  454.  An  ordinance  to  award  the  contract  for  the  construction 
of  a bridge  across  Mill  creek  at  Palouse  street.  July  19,  1892. 

No.  455.  A11  ordinance  creating  the  office  of  Building  Inspector, 

defining  the  duties  of  such  office.  (See  Ordinance  No.  488. ) Aug- 
ust 16,  1892. 

No.  456.  An  ordinance  to  award  the  contract  for  the  improvement 
of  Whitman  street,  from  Division  street  to  Howard,  street.  October 
6,  1892. 

No.  457.  An  ordinance  to  provide  license  for  certain  business. 
(See  Ordinance  No.  499.)  November  1,  1892. 

No.  458.  An  ordinance  providing  for  the  sidewalking  of  the  south 
side  of  Alder  street,  from  Park  street  to  the  corporation  limits  De- 
cember 13,  1892. 

No.  459.  An  ordinance  designating  the  time  for  the  collection  of 
swill.  (See  Ordinance  No.  495.)  January  3,  1893. 

No.  460.  A11  ordinance  to  provide  for  the  improvement  of  Dr. 

Newell  street,  from  Howard  street  to  Catherine  street.  January  3,  1893. 

No.  461.  A11  ordinance  to  award  contract  for  hay,  straw  and  oats 

for  the  year  1893.  January  3,  1893. 

No.  462.  An  ordinance  to  provide  for  lighting  the  streets.  Janu- 
ary 17,  1893. 


CITY  OF  WALT  A WALLA. 


339 


No.  463.  An  ordinance  to  award  the  contract  for  the  improvement 
of  the  south  side  of  Alder  street,  from  Park  street  to  the  City  boundary. 
February  7.  1893. 

No.  464.  An  ordinance  limiting  the  right  to  compete  for  City  print- 
ing.  (See  Ordinance  No.  514.)  February  7,  1893. 

No.  465.  An  ordinance  to  prohibit  the  refunding  of  money  paid 
tor  licen.se.  February  21,  1893. 

No.  466.  A11  ordinance  to  amend  Ordinance  No.  457,  entitled  “ An 

ordinance  to  provide  license  for  certain  business.”  February  21,  1893. 

No.  467.  An  ordinance  to  award  the  contract  for  the  grading/side- 
walking and  strawing  of  Dr.  Newell  street.  March  7,  1893. 

No.  468.  An  ordinance  to  levy  a road  poll  tax  for  the  year  1893. 
March  21,  1893. 

No.  470.  An  ordinance  to  provide  for  the  payment  of  license  bv 
persons  engaged  in  the  laundry  business.  (See  Ordinance  No.  494.) 
April  18,  1893. 

No.  472.  An  ordinance  providing  for  the  improvement  of  Fast 
Alder  street,  from  Park  street  to  the  City  limits.  May  2,  1893. 

No.  473.  An  ordinance  providing  for  the  improvement  of  Park 
street,  from  Whitman  street  to  Craig  street.  May  2,  1893. 

No.  474.  An  ordinance  for  the  City  of  Walla  Walla  to  sell  a certain 
piece  of  land  unsuitable  for  City  purposes.  May  2,  1893. 

475-  An  ordinance  to  award  the  contract  for  the  grading,  curb- 
ing, sidewalking  and  strawing  of  Park  street,  from  Whitman  street  to 
Craig  street.  May  16,  1893. 

No.  476.  An  ordinance  to  award  the  contract  for  the  grading  of 
East  Alder  street,  from  Park  street  to  the  City  limits.  May  16,  1893. 

No.  477.  An  ordinance  to  award  the  contract  for  grading  the  side- 
walk on  the  north  side  of  Alder  street,  from  Park  street  to  the  City 
limits.  May  16,  1893. 

No.  478.  An  ordinance  to  award  to  Levi  Malone  the  contract  for 
covering  the  City  dump.  May  16,  1893. 

No.  479.  An  ordinance  to  appropriate  a certain  sum  to  pav  for  ser- 
vice rendered  by  Wynkoop  Kiersted.  June  6,  1893. 

No.  481.  An  ordinance  to  accept  and  approve  the  assessment  roll 
for  the  year  1893.  June  20,  1893. 

No.  482.  An  ordinance  to  award  a contract  to  Janies  Knott  for  the 
construction  of  a stone  arch  bridge  at  Main  street.  June  20,  1893. 


340 


ORDINANCES  OF  THE 


No.  483.  An  ordinance  to  fix  the  salaries  of  City  officials.  July  6, 
1893- 

No.  484.  An  ordinance  to  award  the  contract  for  the  City  printing 
and  advertising  for  the  year  ending  June-30,  1894.  July  6,  1893. 

No.  485.  An  ordinance  to  repeal  Ordinance  No.  336  of  the  City  of 
Walla  Walla.  August  1,  1893. 

No.  487.  An  ordinance  to  extend  the  time  of  payment  for  the  taxes 
for  the  year  1892.  August  15,  1893. 

No.  488.  An  ordinance  to  repeal  Ordinance  No.  455.  September 
19,  1893. 

No.  489.  An  ordinance  to  repeal  Ordinance  No.  209.  September 
19,  1893. 

No.  490.  An  ordinance  to  repeal  Section  21  of  Ordinance  No.  457. 
October  3,  1893. 

No.  491.  An  ordinance  to  repeal  Section  3 of  Ordinance  No.  347. 
October  3,  1893. 

No.  493.  An  ordinance  to  award  the  contract  for  the  construction 
of  a corporation  shed.  November  1,  1893. 

No.  496.  An  ordinance  authorizing  the  execution  of  a deed  by  the 
City  of  Walla  Walla  to  Richard  Bogle.  Januarv  16,  1894. 

No.  497.  An  ordinance  to  repeal  Ordinance  No;  465.  February  13, 
1894. 

No.  498.  An  ordinance  to  award  the  contract  for  furnishing  hay, 
straw  and  oats  to  the  City  for  the  year  ending  February  28,  1895.  March 
6,  1894. 

No.  499.  A11  ordinance  to  amend  Section  4 of  Ordinance  No.  494, 

relating  to  license.  (See  Ordinance  No.  494.)  March  20,  1895. 

No.  500.  An  ordinance  to  repeal  Ordinance  No.  319.  March  24, 
1894. 

No.  501.  An  ordinance  to  appropriate  a certain  sum  as  payment 
for  the  service  of  Stratton,  L,ewis  and  Gilman.  April  3,  1894. 

No.  505.  An  ordinance  concerning  dogs,  returned  to  the  Council 
without  the  approval  of  the  Mayor.  May  15,  1894. 

No.  505.  An  ordinance  authorizing  the  execution  of  a deed  by  the 
City  of  Walla  Walla  to  A.  P.  Pearson  and  P.  P.  Pearson.  June  8,  1894. 

No.  507.  A11  ordinance  to  appropriate  a certain  sum  in  payment  of 

E.  vS.  Clark  for  printing  an  official  map  of  Walla  Walla.  June  19,  1894. 


,}  X 


CITY  OF  WALLA  WALLA, 


No,  508.  An  ordinance  to  accept  and  approve  the  assessment  roll 
for  the  year  1894.  June  19,  1894. 

No.  509.  An  ordinance  to  fix  the  salaries  of  City  officials.  July  5, 


No.  510.  An  ordinance  to  provide  for  the  payment  of  City  war- 
rants in  order  of  number  and  date  of  issue.  August  7,  1894. 

' No.  512.  An  ordinance  to  provide  for  the  keeping  of  all  moneys  of 
the  Cit}  of  Walla  Walla  in  one  fund.  August  21,  1894. 

No.  514.  An  ordinance  to  repeal  Ordinance  No.  464.  September 


No.  515.  An  ordinance  to  provide  for  the  erection  of  a bulkhead 
011  the  south  side  of  Mill  creek  between  First  street  and  Palouse  street. 
November  20,  1894. 

No.  516.  An  ordinance  to  provide  for  the  erection  of  a bulkhead 
on  the  north  side  of  Mill  creek  between  Fourth  and  Fifth  streets.  No- 
vember 20,  1894. 

No.  517.  An  ordinance  to  award  the  contract  for  the  Citv  printing 
for  the  year  ending  June  30,  1895.  November  20,  1894. 

No.  518.  An  ordinance  to  award  the  contract  for  the  erection  of  a 
bulkhead  on  the  north  side  of  Mill  creek  abutting  on  lots  one  (1)  and 

two  (2)  in  block  “C”  of  the  original  town.  December  11,  1894. 

No.  519.  A11  ordinance  to  award  the  contract  for  the  erection  of  a 

bulkhead  on  the  south  side  of  Mill  creek,  between  the  property  of  W\ 
D.  Smith  in  block  “H”  of  the  original  town  and  the  property  of  the 
Baker  estate,  December  1 r , 1894. 

No.  520.  An  ordinance  repealing  Ordinance  No.  60.  December 
18,  1894. 

No.  522.  An  ordinance  to  appropriate  a certain  sum  to  pay  Strat- 
ton, Lewis  & Gilman  for  service  rendered.  March  12,  1895. 

No.  523.  An  ordinance  to  appropriate  a certain  sum  to  pay  Victor 
Wilson  for  stenographic  work.  March  12,  1895. 

No.  525.  An  ordinance  to  levy  a road  poll  tax  for  the  vear  i8qq 
April  4,  1895.  • 

No.  526.  A11  ordinance  repealing  Ordinance  No.  72  of  the  Citv  of 

W alia  W’alla.  April  4,  1895. 

No.  528.  An  ordinance  repealing  Ordinance  No.  58  Wil  16 
1895- 

No.  530.  An  ordinance  to  accept  and  approve  the  assessment  roll 
for  the  year  1895.  June  20,  1895. 


1894, 


18,  1894, 


342 


ORDINANCES  OF  THE 


— * — — 1 ; — ; — ^ — — 

No.  533.  An  ordinance  appropriating  a certain  sum  to  pay  Dion 
Keef.  June  20,  1895. 

( 

No.  534.  An  ordinance  to  appropriate  a certain  sum  to  pay  I.  H. 
Jessup,  City  Assessor.  June  20,  1895. 

No.  535.  A11  ordinance  appropriating  a certain  sum  to  aid  the  cele- 

bration of  the  Fourth  of  July,  1895.  July  2,  1895. 

No.  538.  A11  ordinance  to  award  the  contract  for  a bulkhead  under 

Main  street  bridge.  September  14,  1895. 

No.  539.  An  ordinance  to  appropriate  a certain  sum  to  pay  the 
Gutta  Percha  Co.,  of  Portland,  Oregon,  for  hose.  October  1,  1895. 

No.  540.  An  ordinance  to  award  the  contract  for  City  printing  for 
the  year  ending  June  30,  1896.  October  1,  1895. 

No.  541.  An  ordinance  appropriating  a certain  sum  in  payment  of 
horses  purchased.  October  1,  1895. 

No.  542.  An  ordinance  to  amend  Section  8 of  Ordinance  No.  301. 
(See  Ordinance  No.  301.)  October  1,  1895. 

No.  544.  An  ordinance  to  amend  Section  3 of  Ordinance  No.  503. 
.(See  Ordinance  No.  503.)  December  3,  1895. 

No.  545.  An  ordinance  to  authorize  the  compilation  and  publica- 
tion of  general  laws  and  the  ordinances  of  the  City.  January  7,  1896. 

No.  548.  An  ordinance  providing  for  the  improvement  of  Palouse 
street  between  Main  and  Rose  streets.  February  ir,  1896. 

No.  549.  An  ordinance  providing  for  the  improvement  of  Cherry 
street  from  Second  to  Colville  streets.  March  3,  1896. 

No.  552.  An  ordinance  providing  for  the  improvement  of  Colville 
street  from  Cherry  to  Oak  streets.  March  3,  1896. 

No.  553.  A11  ordinance  to  repeal  Ordinance  No.  149.  March  3, 

1896. 

No.  554.  An  ordinance  to  repeal  Ordinance  No.  158.  March  3, 
1896. 

No.  555.  An  ordinance  to  repeal  Ordinance  No.  208  and  Ordinance 
No.  213.  March  3,  1896. 

No.  556.  An  ordinance  to  repeal  Ordinance  No.  222.  March  3, 
1896. 

No.  559.  An  ordinance  to  repeal  Ordinance  No.  186.  March  3, 
1896. 


INDEX  TO  CHARTER. 


INDEX  TO  CHARTER. 


.V 

Accidents— liability  of  City  for 

Additions — 

to  City 

power  to  include  within  limits 

Alleys — control  over 

Animals — to  prevent  running  at  large 

Appropriations— vote  necessary  for 

Assessor 

duties  of 

shall  assess  lands  within  assessment  districts 
Assessment — 

form  of: 

proceedings  in  case  erroneous 

Assessment  Districts — 

may  be  established 

what  shall  include 

may  be  created  anew 

B 

Bids — 

how  received  

freeholder  may  make  new 

Bonds — shall  be  approved  by  Mayor 

Books— official  shall  be  kept  at  office 

Buildings — 

control  of  public 

right  to  erect  public 


Section 


5 

I04 

5 

15 

50 

27 

64 

79 


86 

65 

75 

76 
73 


80 

82 

5i 

70. 


6 


344 


INDEX  TO  CHARTER. 


C 

Section  Page 


Cemeteries — jurisdiction  over \ 19  11 

Claims — how  presented  and  paid  5S  19 

Clerk — ^ 

shall  be  elected 27  13 

duties  of . . 57  19 

books  to  be  kept  bv 60  19 

Contracts — must  be  authorized 90  25 

Council 25  12 

discretion  in  certain  cases  final 97  26 

order  in 46  1 

power  to  make  assessments 43  1 

shall  provide  time  and  place  of  meeting 44  t6 

quorum  of 45  17 

special  session  of 44  17 

must  keep  journal 46  17 

ID 

Dead — to  regulate  burial  of 19  u 

Dogs — power  to  license 15  10 


1^ 

Elections — 

time  of  holding 28 

Inspectors  and  Clerks 29 

notice  of. 30 

time  of  opening  polls 31 

officers,  qualifications  of 32 

general  laws  to  govern 39 

returns  canvass  of ....  34-49 

certificate  shall  be  issued 35 

Electors — qualification  of 33 


Eminent  Domain — proceedings  to  be  prescribed  by 


ordinance 6-12-99 

Fine — may  prescribe — 22 

Fire — 

departments  control  of. 4 

regulations  to  prevent 4 

Fiscal — year...; 96 

Cx 

Gas — works 10 


14 

14 

14 

14 

14 
16 

15-17 

15 


*5 


7-9-27 

1 2 

6 

6 

26 

8 


INDEX  TO  CHARTER. 


345 


H 

Halls— regulating  public 

Health  Officer 

Health— regulation 

Houses— of  ill-fame 

I 

Imprisonment— may  be  prescribed... 

Impeachment — power  of 

Indebtedness — limit  of 

J 

Justice— City 

jurisdiction  of 

bond  of 

reports  of 

Iv 

License — 

d ogs 

trades  and  occupations 

Lien — for  improvements 

Limits— City 

M 

Map — official 

Markets 

Marshal — City 

duties  of 

bonds  of 

delinquent  tax  collector 

deputies  of 

records  of 

Mayor — 

term  of. 

to  preside  over  Council 

Council  to  appoint  in  absence  of.... 

communications  to  Council 

power  to  veto 

power  to  pardon 

to  sign  warrants 

to  approve  bonds 

to  approve  ordinances 

Mill  Creek 

Misdemeanors — to  prevent 


Section 

9 
2 7 
14 
18 

22 

27 

io5 

27 

2 7 
68 
68 


15 

16 
84 


5 

20 

•27-17 
66 
66 
66 
66 
67 

26 
48 

48-55  1 

5i 
5i 
5i 

51 

52 
54 
2r 
18 


Page 

8 

r3 

10 

1 1 

12 

*3 

28 

T3 

13 
20 
20 


10 

10 

23 

1 

7 

11 
13-10 

20 

20 

20 

20 

20 

12 

17 
7-18 

18 
18 
18 
18 
18 
18 
11 
11 


346 


A 

INDEX  TO  CHARTER. 


N ame — corporate 

Nuisance — power  to  abate 

O 

Oath — of  office 

Obstructions — to  prevent  in  creek.. 
Officers — 

compensation  of 

qualification  of  election 

suspension  of 

term  of 

Opium — to  regulate  use  of 

Ordinances — 

approval  of 

courts  shall  recognize 

power  to  adopt 

passed  before  charter  in  force 

publication  of 

recording  of 

style  and  requisites 

Order— in  Council 

P 

Pardon — power  of  Mayor 

Petition — presumption  of  regularity 

Pipes — use  of  streets  for 

Police — 

Powers — of  City 

Q 

Quarantine — 

Quorum— 

what  constitutes 

powers  of 

R 

Railways — use  of  street  for 

Remonstrance — 

Riots — to  prevent 

Salaries — not  to  be  changed 

Seal— City 


Section  Page 

I 6 

9 8 


38 

15 

21 

1 1 

23 

12 

32 

•4 

27 

13 

27 

13 

18 

1 1 

M 

18 

74 

2 r 

22 

12 

T02 

27 

73 

2 1 

73 

2 1 

72 

2 r 

47 

1 7 

5i 

18 

TOO 

27 

19 

8 

17 

10 

23 

6-1 2 

H 

10 

46 

17 

50 

17 

10 

8 

77 

22 

18 

1 1 

27 

13 

2 

6 

INDEX  TO  CHARTER. 


347 


Sewers 

Sexton— City 

Sidewalks — 

assessment  districts  for 

maintenance  of 

Streets — 

control  of 

boundary  of 

appropriation  of  land  for , 

improvement  of 

lighting  of 

cleaning  of. 

assessment  districts  for 

grade  of  shall  not  be  changed 

Street  Commissioner 

liability  of 

Sue — City  may 

Sued — City  may  be  

Surveyor — City 

Surveys 

'T 

Taxes — 

delinquent,  penalty  on  

equalization  of. 

for  fire  purposes 

interest 

levy  and  collection  of 

lien  of 

power  to  levy  general 

power  to  collect 

regularity  presumed 

road  and  road  poll 

Telegraph  Lines 

Telephone  Lines 

Term — of  office 

Treasurer — 

City 

duties  of 

shall  keep  accounts 

report  of 

Trusts — grant  of  to  City 


Section  Page 


rO 

00 

8-9 

27 

13 

76 

22 

8 

8 

5 

7 

5 

7 

6 

7 

8 

8 

6 

7 

9 

8 

76 

22 

99 

2 7 

27 

T3 

9i 

25 

2 

6 

2 

6 

27 

13 

5 

7 

«7 

24 

86 

24 

4 

6 

89 

25 

86 

24 

89 

25 

3 

6 

8S 

25 

97 

26 

8 

8 

18  . 

8 

10 

8 

37 

15 

27 

13 

61 

19 

62 

19 

63 

20 

01 

27 

34^ 


INDEX  TO  CHARTER, 


V 

Vacancies — in  office 

VEHICLES — to  regulate  speed  of 

VETO — power  of  Mayor  to  

Voters — qualifications  of 


\V 

Water — for  fire  purposes 

Water  Pipes 

Water  Works 

Warrants — how  signed 

Wards— City 


INDEX  TO  GENERAL  LAWS.  349 


INDEX  TO  GENERAL  LAWS. 

A 

• Section  Page 

Actions — limitation  of 1 159 

Additions  to  Cities 743  29 

Assessment  of  Property 97 

additional  in  case  of  error 1 150 

15 

Ballots 63 

how  marked 74 

how  prepared 69 

how  provided 68 

Banks — how  assessed 108 

Bonds — 

of  contractors 2415  35 

for  internal  improvements  2 37 

to  fund  indebtedness.... 712  43 

to  refund  indebtedness 2691  48 

to  fund  warrants * 1 53 

Booths — election 75 

Bribery — punishment  for 90 

C 

Candidates — how  nominated 63 

Canvass — of  votes 83 

Challenging — votes 80 

Condemnation — of  lands,  procedure 143 

Contests — election ' ; 86 

Contractors — shall  give  bond 2415  35 


INDEX  TO  GENERAL  DAWS. 


350 

J> 

Damages — 

for  change  of  grade 

payment  of 

Detail — lists  for  taxation 

Donation — of  land,  effect  of 

Election — contest  of 

Electioneering — prohibited 

Electors — qualifications  of 

Eminent  Domain — right  of 

Evidence — copy  of  plat  as  ...  

Exemption — from  taxation 


Funding — indebtedness 


Grade — change  of. 


Highways 


G 


H 


I 

Improvements — bonds  for 

Indebtedness — 

City  may  contract 

may  be  funded 

may  be  validated  

may  be  refunded 

Insurance  Companies — how  assessed 

Iv 

Libraries — public 

Limits — of  City,  may  be  reduced 

Limitation  of  Actions 

Loans — City  may  provide  for 


M 


Section  Page 

•! - 760  33 

765  34 

>05 

75S  32 


86 

78 

63 

145 

755  3i 
99 


705  40 


759  33 


746  30 


1 49 

702  39 

. 705  40 

..  706-1  40-155 

2691  48 

ii3 


160 
L 157 
I 159 

I 56 


107 

702  39 


Merchandise — how  taxed 
Money — City  may  borrow.. 


INDEX  TO  GENERAL  LAWS.  351 


IV 

Section  Page 

Nominations — 

how  made 63 

to  be  certified 64 

to  be  published 66 

t 

O 

Ordinances — 

as  evidence 766  34 

how  plead 767  34 

to  be  recorded 766  34 

P 

Penalty — on  taxes.. 142 

Plats — 

to  be  recorded 743  29 

to  be  acknowledged 745  29 

defective  legalized 754  31 

to  be  regulated 759  32 

Polls — when  opened 79 

Polling  Places 73 

Poll  List 79 

Property — 

defined  for  taxation 97 

how  listed  for  taxation 101 

R 

Railroads — how  assessed no 

Re-assessment — in  case  of  error r 150 

Redemption  of  Property 134 

Registration  of  Voters 90 

Returns  of  Election  ...  88 

Sales — for  taxes 130 

Sewflrage — City  may  maintain 1 37 

Stock — how  listed  for  taxation 108 

Streets — 

City  may  light 1 37 

platting  of  743  29 

vacation  of 749  30 

change  in  grade  of * 759  33 


352 


r 

INDEX  TO  GENERAL  LAWS. 


r>-  . Section 

. ,• ' ■ , 

Taxation — 

of  property 1 

exemption  from 

to  pay  interest  on  bonds 715 

Taxes — 

collection  of - 

lien  of 

sale  of  property  for 

penalty  on 

Telegraph  Companies— how  assessed 

Telephone  Companies — how  assessed 

V 

Vacancies— in  nominations 

Vacation— 

of  plats 

of  plats,  effect  of 

of  plats,  procedure  for  

Validation  of  Indebtedness........ 

Votes — 

how  counted 

canvass  of 

VOTERS — registration  of 

W 


749 

715 

752 

706 


Warrants — 

may  be  funded 

payment  of 

WATER  Works— 

City  may  maintain 

may  borrow  money  for 


Page 

97 

99 

44 

116 

117 
130 
142 
112 
112 

67 

30 

30 

31 
40 

81 

83 

90 


53 

162 

38 

40 


1 

704 


INDEX  TO  ORDINANCES. 


353 


INDEX  TO  ORDINANCES. 


Section 

Page 

Alleys — (see  streets) 

to  prohibit  fast  driving  in 

306 

Animals — 

to  prevent  cruelty  to 

200 

to  prevent  running  at  large 

238-295 

to  prevent  grazing  in  street 

274 

Arson — reward 

265 

Assault 

22 

169 

Assessment — 

when  made 

181 

manner  of 

313 

for  street  purposes 

4 

196 

districts  

218 

Assessor — Citv,  duties  of 

180-249 

Attorney — City,  duties  of 

177 

Auctioneers — shall  not  obstruct  streets 

ioi 

Awnings — to  regulate 

• 30 

242 

B 

Bathing — prohibited  

. 18 

239 

Battery — punishment  for 

22 

169 

Bids — form  of 

3 

199 

Births — shall  be  reoorted 

4 

259 

Bond — for  use  of  street  or  sidewalk 

2 

227 

Bonds — to  authorize  issuance  of 

277-280 

Blasting — regulation  of 

21 

240 

Bridges — protection  of 

• 19 

169 

Buildings — 

care  of  Citv 

234 

to  provide  for  numbering 

208 

344 


INDEX  TO  ORDINANCES. 


O 


Carriages — fixing  fare  of 

Section 

Page 

Cp.llarways — to  regulate 

202 

Cemetery,  City 

242-221 

to  be  in  charge  of  Sexton 

protection  of  shrubbery  in 

251 

lots  in 

283 

to  protect  against  fire 

216 

Chief  Engineer 

230 

Chief  Engineer 

235 

Chimneys— to  be  cleaned 

245 

Ceaims  to  be  presented  to  Clerk 

192 

Clfrk,  City — duties  of 

175 

Contracts — for  street  work 

1 75-247 

Council— order  in 

198 

Counciemen — apportionment  of 

225 

Crosswalks. 

228 

Curbs 

188 

II 

187 

13 

Dancing— in  saloons  prohibited 

Deaths — to  be  reported 

Disease— contagious,  to  be  reported’..’.... 3 

Dogs— to  prevent  running  at  large 3 

Drains — shall  be  enclosed. 

Driving— to  prevent  fast  2° 

Drunkenness— punishment  for..........”’*’ J 

Electric  Works— 

franchise  to  C.  E.  BurroAvs. 


260 

259 

3ii 

239 

166 

167 


franchise  to  W.  W.  E.  P.  & p.  Co 

265 

JP* 

Bause  Alarms — punishment  for 

266 

Fences  not  to  encroach  on  street 

168 

Fines — payment  of. 

240 

Fire — 

170 

protection  against... 

compelling  assistance  at 

169 

prevention  of... 

167 

arms,  to  prevent  discharge  of 
department.... 

189 

239 

limits .... 

234-245 

wardens... 

302 

189 

Games  ok  Chance — prohibited  in  street 16 

Gun  Powder — to  regulate  keeping  of. 

Hacks — fixing  fares 

Hay — to  provide  for  housing  of 16 

HeaeTh — 
to  protect 

officer,  duties  of 31 

officer,  duties  of 
Horses — 

to  regulate  driving  of 

to  be  securely  hitched 

Hotee  Runners — to  regulate 
Houses — 

disorderly  

of  prostitution 


Impeachment — procedure 

Indecent  Exposure — punishment  for 10 


Justice,  City 
accounts  of. 
bond  of 
shall  issue  warrants 


(‘ 

r ' 


356  INDEX  TO  ORDINANCES. 


1 — \ 

Section 

Page 

Marshal,  City — 

duties  of 

173-248-316 

to  board  prisoners  : 

298 

to  appoint  deputies 

3 

2°3 

Mayor — 

duties  of 

1 

246 

pardoning  power 

••••  33 

171 

may  declare  quarantine 

....  19 

263 

shall  sign  warrants 

10 

176 

Miee  Creek — 

to  protect  channel  

165-226-210-276 

to  provide  for  breakwater  in 

10 

Cm 

0 

Minors — 

to  prohibit  presence  at  games  of  chance.. 

220 

to  regulate  

301 

Monuments  of  Survey — protection  of 

200 

IV 

Name  of  City 

164 

Nuisance — 

defined  

2 

165 

abatement  of 

....  30 

I7  I 

no  notice  of  required 

1 

2 1 1 

to  prohibit  public 

244 

O 

Offenses — defining 

165 

Officers — 

trial  of 

274 

shall  not  contract  without  order ... 

210 

Opium — to  prevent  use  of! 

219-223 

Order — in  council 

225 

Ordinances — 

publication  of 

294 

to  provide  for  compilation  of 

310 

P 

PEACE — disturbing 

....  25 

169 

PERSON — to  prohibit  exposing 

..  . 10 

167 

Peats  of  Additions 

5 

238-3IO 

PoeES — to  protect 

275 

Police 

202 

salary  of 

299 

resisting 

168 

f:  f!  /.  f.  V 


INDEX  TO  ORDINANCES. 


357 


Section 

8 


-appointment  of. 


Poll  Tax 

Poundmaster 
Prisoners — 

to  be  worked 

to  be  boarded  by  Marshal 

Privy  Vaults 

Profanity — prohibited  in  street 12 

Public  Property — protection  of . 


Quarantine 


Q 


R 


Railway — 

right  of  way  to  W.  W.  & C.  R.  Co 

right  of  way  to  M.  C.  F.  & M.  Co  .... 

right  of  way  to  O.  R.  & N.  Co 

right  of  way  to  W.  W.  L.  P.  & F.  Co 

right  of  way  to  O.  & W.  T.  Co  

right  of  way  to  H.  E.  Johnson  et  al.  . 

right  of  way  to  H.  P.  Isaacs 

Records  — to  be  kept  by  Clerk 


19 


263 


203 

233 

236-268-272-305 

267 


Salaries 

Saloons — to  regulate 

Seal  of  City 

shall  be  affixed  by  Clerk 

Sexton — duties  of 

Sidewalks— 

to  prevent  driving  on 

to  protect 

to  abolish  signs  over.„ 

manner  of  construction 

manner  of  construction 

to  be  clear  of  snow  and  ice 

to  prevent  obstruction  of 

use  for  building  purposes 

to  prevent  use  of  vehicles  on 

repair  of 

to  prevent  animals  trespassing  on. 

Signs — to  prohibit  over  walk  

Snow — to  be  cleared  from  walks 

Spark  Catchers 

Spark  Catchers  


11 

307 

279-288 

164 

176 

8 

251 

166 

11 

167 

12 

209 

187 

26 

241 

38 

208 

210 

227 

242 

> 

253 

3i 

283 

242-209 

24 

240-208 

18 

168 

13 

192 

1 


Section  Page 


Steets 184-237-186 

cleaning  of 183 

grade  of 9 186-237 

how  graveled 14  188 

sprinkling  of 16  188 

improvement  of. 195-218 

to  prevent  obstruction  of 201-210 

use  of  for  building  purposes 227 

use  for  telegraph  and  telephone  poles  231 

to  prevent  loitering  on 43  243 

when  graded,  City  shall  keep  in  repair 263 

grade  of  Seventh 273 

to  provide  for  lighting  ...  309 

Surveyor,  City — duties  of 16  248 

Surveyor,  City — duties  of 6 186 

Swill — collection  of 294 

T 

Taxes — 

levy  of 180-313 

Treasurer  shall  receive 2 178 

Telegraph  and  Teuephone  — to  regulate 

use  of 231 

Teuephone — franchise  to  C.  A.  Hopkins 257 

Theaters — to  regulate 271 

ThisTUES — protection  against 26  170 

Treasurer,  City — duties  of * 178 

Trees — where  planted 15  188 

where  planted  25  241 

protection  of 194 

V 

Variety  Shows — to  regulate  271 

Vehicles — not  to  be  left  in  street  8 238 

Velocipede — riding  on  sidewalk  prohibited....  32  171 

W 

Warrants — 

drawn  by  Clerk 8 175 

paid  by  Treasurer 5 178 

payment  of 299 

Wards — division  of  City  into  228 

Water  Company — 

right  to  use  of  streets  232 

contract  with  : 254 

Water  Works — to  provide  for  construction  of  284 

Weapons — 

to  prohibit  carrying  of 9 166 

to  prohibit  carrying  of 27  170 


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